There are certain situations under which a custodian may disclose an individual’s personal health information. There are certain situations wherein disclosure is mandated (without consent) under PHIPAA and such situations are like disclosure for health related purposes, health care programs or other programs, for health and safety, proceedings, enforcement purposes, required by law, research purposes, for research data center’s purposes, disclosure for registration information purposes etc. Now in this article we shall discuss such situations.
Disclosure of Personal Health Information for health-related purposes (37)
Under section 37 custodian may disclose an individual’s personal health information if the Individual or his/her substitute decision-maker is the recipient of the disclosure or they consent for such disclosure.
In case when custodian is disclosing personal health information is a person who is providing or has provided health care to the individual. However, only the necessary and limited information to be provided which is must for the purpose of that health care services.
At times a situation arises when a custodian discloses any personal health information to any individual and the express request of that individual prevents the custodian from disclosing such personal health information in such a situation custodian is mandated to notify the person to whom it makes disclosure of the fact.
A custodian may disclose personal health information relating to an individual who is deceased or presumed to be deceased for the purpose of identifying the individual, circumstances of the death, administration of estate, for the purpose of research if the information has been de-identified.
A custodian may also disclose personal health information to a spouse, common-law partner siblings, of descendants of the individual if the recipient of the information requires the information to make decision about his or her own health care or the health care of his or her own child or such disclosure is necessary to provide healthcare to the recipient.
A custodian may disclose personal health information without consent to the chief medical officer or other medical officer of health if disclosure is required under another act of the legislature or the parliament of Canada or to the Public Health Authority.
Disclosure of Personal Health Information for health care or other programs (38)
A custodian may disclose the personal health information without consent in the following circumstances-
- for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods and services benefits, for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care.
- For the purposes of delivering, evaluating or monitoring programs of the custodian that relates to health care or the payment for health care.
- If the custodian is a public body or health care provider for the purposes of planning or delivering a common or integrated service, program or activity.
- For the purpose of review and planning necessary for the provisions of health care by another custodian.
To Be Continued………………
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