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The Health Information Act: 

An Overview

 

The Health Information Act (HIA) was proclaimed in April 25, 2001, along with Regulations now confirmed for the first time.
What does HIA do?
Who is subject to HIA?
What kinds of information are subject to HIA?
HIA and FOIP:  some differences 
What about non-health care information in Calgary Health Region? 
How is Calgary Health Region implementing HIA? 
Link to the Health Information Act and Regulations

What does HIA do? 

HIA establishes strong and effective means for protecting the privacy of persons in the health system and the confidentiality of their health information. HIA also: 
  • enables appropriate sharing of information for health system purposes 
  • sets out the rules for the collection, use and disclosure of health information
  • provides individuals to right of access to their own health information 
  • provides individuals with a right to request correction of their own health information
  • provides for an independent review process and sanctions for contravention 

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Who is subject to HIA? 

Agencies and bodies subject to the Act are called "custodians". They include: 

  • Calgary Health Region and other regional health authorities
  • Alberta Cancer Board
  • Alberta Mental Health Board 
  • Alberta Health and Wellness
  • Hospitals 
  • Nursing homes
  • Community health councils 
  • Physicians and health service providers paid under AHCIP 
  • Pharmacies and pharmacists 
 

 

What kinds of information are subject to HIA

  • diagnostic, treatment and care information 
  • health services provider information 
  • registration information 

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HIA and FOIP: more of the same, but some differences 
The major effect of this proclamation is that health information in the custody or control of Calgary Health Region that was subject to the Freedom of Information and Protection of Privacy Act is now covered only by HIA. The provisions in HIA for requesting information and rules for collection, use and disclosure are generally very similar to those in FOIP. There are, however, some
significant differences. Here are some highlights: 
On the one hand, Calgary Health Region staff may now more freely use patient information within the health region for health care, education and administrative purposes. Calgary Health Region may also disclose health information: 
  • to another region, health care provider, or another person caring for the person if necessary for continuing patient or client care (so long as this disclosure is not by means of a networked information system--see below) 
  • about a patient's condition to family and close friends, so long as it is not against the patient's or client's wishes.
  • about a deceased patient to a descendent of the patient if it is needed to diagnose or treat the descendent. 

On the other hand, HIA introduces new restrictions or requirements for health information management

  • The disclosure of health information to police is now more clearly restricted 
  • Staff must document all disclosures of health information outside of Calgary Health Region 
  • When health information is sent outside of Calgary Health Region by means of a networked database system (this does not include internet, e-mail, or fax), the patient's consent is required. 

There are new processes and requirements for assessing the privacy risks of new systems and administrative changes and for maintaining the security of health information. 

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What about non-health care information in Calgary Health Region? 

Non-health care information, such as administrative and human resources records, is still covered by the same FOIP. 

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How is Calgary Health Region implementing HIA? 

The government has granted custodians a six-month grace period ( October 15, 2001) to make changes required by the new legislation. Many Calgary Health Region Information and Privacy Advisors have been trained in HIA and additional training will take place in September Policy revisions are currently underway and will be implemented between June 1 and November 1. Brochures and
information packages are being prepared for July. 

If you have any questions or concerns regarding the Health Information Act and how this affects you and your work, please call the Information and Privacy Office at 943-0424

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This website is a practical guide to Information and Privacy practices within the Calgary Health Region. It is based on the Information and Privacy policies of Calgary Health Region and the Information and Privacy legislation of Alberta. 

The website is NOT a substitute for legal or policy advice.  Always refer to the specific Calgary Health Region Information and Privacy policies or contact your IP Advisor or the Information and Privacy Office for specific issues.

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