Provisions related to disclosure under PHIPA, Part-2

In continuation to our last post we shall discuss the other disclosures provided under PHIPA and they are-

2) Disclosure for health or other programs:

  1. A health information custodian may disclose personal health information about an individual for the purpose of determining or verifying the eligibility to receive health care or related goods, services or benefits provided under PHIPA or act of Canada and funded in whole or in part by the government of Ontario or Canada by a local health integration network or by a municipality or by an agency, or to receive coverage with respect to such health care, goods, services or benefits;
  2. To a person conducting an audit or reviewing an application of accreditation or reviewing an accreditation; 
  3. To a person who compiles or maintains a registry of personal health information for purpose of facilitating or improving the provision of health care or that relates to the storage or donation of body parts or bodily substances;

A healthcare information may disclose personal health information about an individual to the following-

  1. The chief medical officer of health or medical officer of health; 
  2. The Ontario Agency for health protection and promotion;
  3. The public health authority established under the laws of Canada

3)   Disclosures related to risk:

When the disclosure is necessary for eliminating or reducing a significant risk of serious bodily harm to a person or group of persons. 

4) Disclosures related to care or custody:

A health information custodian may disclose personal health information about an individual to-

  1. The head of penal or other custodian institution where individual is lawfully detained or to the officer in charge of a psychiatric facility under the Mental Health Act;
  2. Assist an institution or a facility in making a decision concerning-

i) arrangements for the provision of healthcare to the individual

ii) the placement of the individual into custody, detention, release, conditional release, discharge;

c)   

5) Disclosures for Proceedings:

A health information custodian may disclose personal health information about an individual-

  1. Subject to the requirements and restrictions prescribed for the purpose of proceeding or contemplated proceeding 
  2. To a proposed litigation guardian, or legal representative of the individual;
  3. To a litigation or guardian or legal representative who is authorized under the Rules of Civil Procedure, or by a court order, to commence, defend, or continue, a proceeding on behalf of the individual;
  4. For the purpose of complying with a summons or similar requirement or a procedural rule related to the production of information in a proceeding.   

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