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Presentation to: Personal Health Information Task Force

Presentation to: Personal Health Information Task Force Personal Health Information – Access and Privacy June 7 th , 2007. INTRODUCTION. Carol Austen, Regional Manager Release of Health Information / Privacy

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Presentation to: Personal Health Information Task Force

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  1. Presentation to: Personal Health Information Task Force Personal Health Information – Access and Privacy June 7th, 2007

  2. INTRODUCTION • Carol Austen, Regional Manager Release of Health Information / Privacy • Claire Esson, Regional Director Health Records, Admitting, Scheduling and Telecommunications

  3. OUR VISION • Leading in a healthy and vibrant community

  4. OUR MISSION • To promote healthy lifestyles and deliver quality health care services to a progressive and growing region

  5. OUR REGION Patients we treat 84% Reg 1 10% NB Outside Reg 1 6% Outside NB

  6. OUR ORGANIZATION • Operating budget of approximately $200 million • 2700+ employees • 500+ auxilians, alumnae, volunteers • 50 different programs • 340 departments • 5 union groups, plus non-bargaining • 250 job classifications • 260 Physicians & Dentists

  7. “There is no information that is more sensitive and in need of protection than personal health information ( PHI ); the information about the state of our bodies and minds…” • Source: Personal Health Information Access and Privacy • Background Paper

  8. The people of New Brunswick must be confident that their health information will only be accessed and used when needed, and that it will be protected at all times. • Source: Personal Health Information Access and Privacy • Consultation Guide

  9. What is Personal Health Information • What the revised Legislation must encompass • Consent • Technology Recommendations • Recommendations

  10. Personal Health Information ( PHI ) • Personal Health Information is identifiable health information collected about an individual; oral or documented • Personal Health Information needs to include; • Present and past medical histories( physical, mental and family history) • Information concerning all health services obtained privately or publicly • Medicare number • Substitute decision maker • Donation of the individual of any body part or bodily substance

  11. Personal Health Information Legislation • Revised Act must…. • Be Health Specific Privacy Legislation applying to all health care providers or health facilities who have PHI in their possession, whether private or publicly funded • Govern the collection, use and disclosure of PHI • Facilitate the flow and timely access of information between Health Care Providers to enhance patient treatment and care. • Be designed to give individuals greater control over their PHI including the ability to challenge the accuracy and completeness of the PHI

  12. Personal Health Information Legislation • Revised Act must…. • Be clear and concise about the rights and obligations of the Health Information Custodian. This includes any individual who has been deemed appropriate to be a recipient of PHI • Clearly define the security and access obligations related to outside vendors ( IT Providers, Drug Research Companies) • Not contradict existing Federal and/or Provincial Legislation. Must work in conjunction with Acts such as The Mental Health Act, The Coroner’s Act, etc.)

  13. Consent • Consent may be; • (a) implied from the patient’s words, actions or from the circumstances • (b) specifically expressed orally • (c) specifically expressed in writing.

  14. Consent • If implied knowledgeable consent becomes the model for purposes of access of PHI in NB for providing health care and treatment we must have the ability to comply with the individual’s request to withhold consent or withdraw consent. • Expressed written consent must be required to release PHI to a third party (i.e. Lawyers, Law enforcement, Insurance Companies) • PHI may be collected, used or disclosed without consent only as outlined in Schedule B section 3.4 of current NB POPIA Legislation

  15. Technology Recommendations • e-Health raises unique privacy issues that require resolution. For example retention, access tracking and reporting, and jurisdictional accountabilities • We must…. • Implement Provincial Auditing Software to safeguard patient PHI within an Electronic Health Record. • Implement Lock Box capabilities • Provide individuals with Secure Access to their own PHI ( PIN # )

  16. Recommendations • Provincial Privacy Officer working closely with Regional Privacy Officers to; • Assist with the interpretation of this new legislation • Develop guidelines for collection, use and disclosure of Personal Health Information. • Develop provincial access auditing standards • Continued stakeholder input regarding the development of the new Legislation • Comprehensive Public Education Program informing New Brunswickers of the new Personal Health Information Legislation

  17. Thank you …. • The South East Regional Health Authority welcomes the enhancement of the Provincial Legislation and are • dedicated to working collaboratively on this initiative. • Again…The people of New Brunswick must be confident that their health information will only be accessed and used when needed, and that it will be protected at all times.

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