The personal health information protection act 2004 nakajima1976. Request to correct personal health information under the. This act may be cited as the personal information protection act 2004. You are directed to information on how your personal information is protected. An overview of the personal health information protection act, 20041 what privacy laws govern my practice. Personal health information protection act, 2004 cdho. The personal health information protection act sets out rules for the collection, use and disclosure of personal health information.
This is intended as a general guide for regulated health professionals in ontario on how to comply with the personal health information protection act, 2004 phipa or the act. Practice standard confdi entaitily and prvi acy persona l. Personal health information protection act, 2004 phipa and is accountable for the protection of residents and clients personal health information. You should consult the act and your own solicitors for all. Health records and information privacy act 2002 no 71. Nothing in this overview should be construed as legal advice. Important information for patients and families personal. Legislation access to information and protection of privacy act. Personal health information protection act of 2004 how is. Personal information protection act 2004 legislation find. Personal health information protection act, 2004 canadian.
You are directed to a disclaimer and notice governing the information provided. As a result, sunnyside seniors services is the health information custodian, defined in the. You should consult the act and your own solicitors for all purposes of interpretation. Changes to legislation revised legislation carried on this site may not be fully up to date. A hospital advised that a fax containing the personal health information of an individual seen in the emergency department was mistakenly sent to a private residence. Consequential amendment sections, schedules andor tables within this act have been. Schedule a the personal health information protection act, 2004. The agency will be able to undertake both health functions and radiation protection functions including functions carried out by the health protection agency special health authority and the national radiological protection board. There are currently no known outstanding effects for the health protection agency act 2004. The national health act 61 of 2003 nha is arguably the most important act passed by parliament to give e ect to the right of everyone to have access to health care services. Sunnyside seniors services collects and uses personal health information. Phipa schedule a and the quality of care information protection act schedule b. These rules will apply to all health information custodians operating within the province of ontario and to individuals and organizations that receive personal health information from health information custodians.
The hope is that this guide will be particularly useful for health professionals working in small. If you engage in commercial activities involving the collection, use or disclosure. Ontario laboratories information system electronic medical. These rights would be exercised by making a request for disclosure as opposed to an access request under s. The phia policy development manual is intended to provide custodians with a framework for developing their own policies and procedures to meet this obligation. This act shall come into operation on such date as the president may appoint by proclamation. Jul 19, 2016 the personal health information protection act 2004 nakajima1976. This overview is presented for the convenience of reference only. Access to information and protection of privacy act, 2015 atippa, 2015 opens in new window. This act has been established to set out rules for the.
An overview of the personal health information protection. Personal health information protection act, 2004 s. The personal health information protection act, 2004 phipa governs health care information privacy in ontario. This section was inserted on 1 april 2009 by section 1593 of the health and social care act 2008 section 12 commencement. The state of tasmania the department of premier and cabinet 2020 ver. The health protection agency act 2004 commencement order 2005 s. The personal health information protection act, 2004 phipa is designed to address these concerns and to achieve the purposes set out in the act.
The personal health information protection act, the act also known as phipa peehipah, is ontario legislation established in november 2004. Under certain circumstances we are required by law to release client information without your consent or knowledge. The personal information protection pip act 2004 came into effect on 5 september 2005. Personal health information protection act of 2004. If you have a service contract with a trustee, then the act will affect the way you deal with the personal health information maintained by a trustee. On may 20, 2004, the ontario health information protection act, 2004 received royal assent. Pursuant to the personal health information protection act, 2004. This brief summary is intended to give you some idea of your responsibilities under the act. Health protection agency act 2004 explanatory notes. Health and safety at work amendment act 2004 2 short title 1 this act may be cited as the health and safety at work amendment act 2004.
A public health nurse employed by a city noticed that her briefcase was missing from her home. An overview of the personal health information protection act, 2004. Personal health information protection act wikipedia. I, print name hereby authorize name of health information custodian to disclose the following personal health information. Pursuant to the personal health information protection act. Personal health information regulations personal health. Amendment of section 1 2 section 1 of the health and safety at work act 1982 in this act referred to as the principal act is amended by deleting the words health and safety at work and substituting the. Personal health information protection act personal health information protection act the ontario government has legislation, the personal health information protection act phipa that came into effect on november 1, 2004. A guide to the personal health information protection act privacy.
Regulated health professionals in ontario need to comply with the personal health information protection act, 2004 phipa. Personal health information protection act toronto grace. November 2004 personal health information protection act, 2004. Its purpose is to protect the privacy of individuals by controlling the ways in which the government can collect, keep, use, and release records containing sensitive personal information that clearly identifies an individual. Protection act, 2004 phipa might affect the privacy practices of health. The personal health information protection act, 2004. Personal health information protection act, 2004, s.
Personal information protection act 2004 legislation. However, if you engage in commercial activities involving the collection, use or disclosure of. Health care practitioners in ontario need to comply with the. The health information protection act, also established in 2004, comprises two schedules. This guide provides information on how the new ontario personal health information. Under the personal information protection act 2004 the department of health and human services is the custodian of personal information and the collection, use and disclosure of that information is governed by the act. The agency will be able to undertake both health functions and radiation protection functions including functions carried out by the health protection agency special health authority and the national radiological protection board, both of which will be wound.
An amendment to the definition of use to clarify that viewing personal health information is a use under phipa a. Phipa sets consistent rules for the management of personal health information and outlines. December 2000 personal health information privacy act, 2000 bill 159 was introduced. Section 1 1 provides that there is a body corporate known as the health protection agency, or, in welsh, yr asiantaeth diogelu iechyd section 2a functions in relation to biological substances.
Safeguarding phi under the personal health information. Overview of the personal health information protection act, 2004. May 06, 2014 the personal information protection pip act 2004 came into effect on 5 september 2005. A health information privacy protection act like hipaa is recognizable nationwide.
Ontarios new personal health information protection act, 2004 phipa, which came into effect on november 1, 2004, prescribes comprehensive rules for the collection, use, and disclosure of personal health information in all types of health care settings, including hospitals, psychiatric facilities, laboratories, ambulance services, and nursing homes. Regulated health professionals in ontario need to comply with the. The act will amend existing legislation to protect the personal health information of patients, including. Personal information protection department of health. The purposes of phipa the purposes of phipa are set out in section 1 of the act as follows. The personal health information protection act 2004 youtube. The personal health information contained on this form is collected pursuant to the personal health information protection act, 2004 and will be used for the purpose of responding to your request for correction pursuant to section 55 of the act. The purpose of the act is to establish the health protection agency as a ukwide nondepartmental public body. Personal health information protection act, 2004 author. Personal health information protection act of 2004 how is personal health information protection act of 2004 abbreviated. This act may be cited as the occupational safety and health act, 2004. Personal health information act nova scotia legislature. Personal health information protection act, 2004 a presentation to the association of ontario midwives. Be it enacted by his excellency the governor of tasmania, by and with the advice and consent of the legislative council and house of assembly, in parliament assembled, as follows.
Information privacy is defined as the clients right to control how hisher personal health information is collected, used and disclosed. Sep 30, 2016 bill 119 health information protection act, 2015, contd the provisions in the bill proclaimed into force include. That trustees of personal health information shall protect the confidentiality of. This act shall have effect even though inconsistent with sections 4 and 5 of the constitution. Personal health information protection act, 2004 phipa. The personal health information act health and community.
Hipa ensures that ontario maintains its position as a leader in health information and privacy protection. An act to establish the health protection agency and make provision as to its functions. Ontario has a health privacy law, the personal health information protection act, which came into effect on november 1, 2004. Storage and retention of personal health information records also known as clinical files the childrens centre thunder bay is committed to the safety and security of client information including personal health information. The personal health information act requires that custodians have policies and procedures in place that describe the ways that they collect, use and disclose personal health information. This right is guaranteed by section 27 of the constitution of the republic of south africa, 1996 the constitution, which places express. The act introduces new measures that put patients first by improving privacy, accountability and transparency in the health care system. Personal health information is disclosed to others involved in your care to ensure they have information they need to provide appropriate care. Bill 119 health information protection act, 2015, contd the provisions in the bill proclaimed into force include.
Personal health information protection act of 2004 listed as phipa. Personal health information protection act, 2004 report file no. If when assessing any need for the sharing of personal health information across their networks, health links organizations should consider applicable requirements and authorities under the personal health information protection act, 2004 phipa. Olis emr pia summary introduction as required under ontario regulation o. An amendment to the definition of use to clarify that viewing personal health information is a use under phipa a new provision requiring health information custodians to. It is personal health information protection act of 2004. This act has been established to set out rules for the collection, use, and disclosure of information that is. The personal health information protection act, 2004 is the culmination of ongoing efforts over a number of years to develop appropriate legislative provisions for ontario to ensure the privacy of personal heath information in a manner that would be consistent with the effective provision of health care. In this act, health information custodian, subject to subsections 3 to 11, means a person or organization described in one of the following paragraphs who has custody or control of personal health information as a result of or in connection with. Basically this act places the power in the hands of the individual with regards to how their health information will disclosed and used by health system personnel. Section 123 provides that paragraph 3 of schedule 3 came into force at the end of the period of two months that began on the date on which the act was passed. Personal health information protection act of 2004 how. Personal health information protection act, 2004, so 2004.