Personal Health Information Privacy and Access Act- New Brunswick, Part-4

In yesterday’s article we read the laws which are in conflict with PHIPPA and we also discussed the rights given to an individual with respect to personal health information. The first right i.e. ‘Right to examine or copy personal health information’, we already have discussed in our last article. In this new article we will discuss the second right i.e. “Right to Request a correction” briefly.

Right to Request a correction is explicitly mentioned under section15 of PHIPAA and it says that for the purpose of accuracy or completeness, an individual can make a written request to correct any personal health information. 

Upon receipt of written request custodian must do any of the followings within 30 business days-

  1. Make the requested correction in a manner that it will be read with and form part of the record or be adequately cross-referenced to it.
  2. Inform the individual in writing in case the personal information no longer exists or cannot be found.
  3. If the custodian doesn’t maintain the personal health information, then inform the individual that they do not maintain so, if they know who maintain that individual’s record then provide the name and address of the custodian and if the custodian (who maintains the personal health information) is known then transfer the request to that custodian and notify the individual making the request of the transfer. 

However, in case custodian refuses to correct the record as requested then custodian shall give the reason for the refusal and individual’s right to add a statement of disagreement to record and advise to make a complaint about the refusal under part 6. In case of refusal the custodian must permit the individual to file a concise statement of disagreement stating the correction requested and reason for the correction.

Obviously, in case the accepts the request then it shall make the correction to the personal health information.

Please note that the above mentioned 30 business day time may be extended if approved by the Ombud. 

Picture Credit-https://www.bcpharmacists.org/

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