In general parlance disclosure means revelation of anything and here under PHIPA it would mean revelation of Personal Health Information. Under Part IV specifically collection, use and disclosure of personal health information have been dealt with and in this article we will discuss Disclosure and its related provisions provided u/s. 38 to 50.
Since PHIPA does not define what amounts to disclosure but it has provided a definition of Permissive Disclosure provided under section 6(3) and it says that the provisions of PHIPA permits a health information custodian to disclose personal health information about an individual without his/her consent. Now we will discuss disclosure under the following heads-
- Disclosure related to providing health care:
- A health information custodian may disclose the personal health information about an individual, if the disclosure is reasonably necessary for the provisions of health care and reasonably obtaining consent is not possible in a timely manner then the disclosure can be made. However, if the individual has expressly instructed the custodian not to make the disclosure then the custodian can not make such disclosure.
- For the purpose of contacting a relative, friend or potential substitute decision-maker of the individual, if the individual is injured, incapacitated or ill and unable to give consent perosnally.
Procedure:
In case if personal health information discloses personal health information about an individual then the custodian shall notify the person to whom it makes the disclosure of that fact.
A health information custodian that is a facility providing health care may disclose to a person following health information relating to an individual who is patient, or a resident in a facility –
- The fact that the individual is a patient or resident in the facility.
- Individual’s general health status described as critical, poor, fair, stable, or satisfactory or in similar terms.
- The location of the individual in the facility.
Deceased Individual:
A health information custodian may disclose personal health information about an individual who is deceased or reasonably suspected to be deceased
- for the purpose of identifying that individual,
- Informing any person whom it is reasonable to inform in the circumstances of death, the fact of the death.
- To the spouse, partner, sibling or child of the individual if the recipient requires the information to make decisions about their own health care or their children’s health care.
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