13) Disclosure for health care payments:
Section 46of PHIPA says that if it is requested by the Minister or the minister of a prescribed ministry, a health information custodian must disclose to the minister who made such request for the purpose of determining, providing, monitoring, or verifying payment or funding for health care (funded wholly or partly by the ministry). The minister or a minister of prescribed ministry may disclose the collected information to any person for a purpose (determining, providing, monitoring, or verifying payment or funding for health care) if it is reasonably necessary for that purpose.
However, there is a curb on such disclosure and subsection 4 of section 46 clarifies that the Minister or the minister of a prescribed ministry cannot not disclose, collect or use personal health information if other information than is reasonably necessary to meet those purpose/s.
14) Disclosure for analysis of health system:
A health information custodian upon a request from the Minister may disclose personal health information to a health data institute (approved by the minister under 47(9)) for analysis with respect to the management, monitoring or evaluation of the allocation of resources to or planning for all or part of the health system, including the delivery services.
The minister may specify the time, manner and form under which a health information custodian is required to disclose the personal health information. It is pertinent to note that the minister cannot make disclosure directly before requesting the disclosure of personal health information, the minister is mandated to submit a proposal to the Commissioner and must allow the Commissioner to review and comment on the proposal. Such review is mandated to be submitted by the commissioner within 30 days after receiving the proposal and the Commissioner must consider the public interest in conducting the analysis and the privacy interest of the individuals about whom the information is related with.
15) Disclosure with Commissioner’s approval:
A health data institute to which a health information custodian has disclosed personal health information under section 47 of PHIPA, shall disclose the information to the minister or another persona approved by the minister if the minister opines that it is in the public interest to request the disclosure.
The minister has to submit to the Commissioner a proposal for the disclosure and the Commissioner has approved the proposal. The commissioner may specify terms, conditions or limitations for the disclosure.
The recipient of personal health information who is not a health information custodian, shall not use or disclose more of the information than is reasonably necessary to meet the purpose of the use, disclosure, unless the use or disclosure is required by law.
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