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Subject/Title
Ownership and Transfer of Clinic Health Records |
Reference Number: |
| Effective Date: | |
| Approving Authority: Executive Management |
Date Revised: |
| Classification: Information Security and Privacy |
Last Review: |
| Next Review: |
| Note: The Calgary Health Region is committed to ensuring the accuracy and consistency of the policies on its Regional Policy Website. As policies are reviewed and updated periodically, the information contained in this document is accurate only on the date that it is viewed/printed (2010/09/02). Before relying on the information after this date, please check the Regional Policy Website for any changes to the policy. If you have any questions regarding this notice or the information presented in this policy, please contact Regional Policy Services using the Feedback link below. |
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Reason For Policy · To clarify ownership of health records in outpatient and academic clinics or programs owned or operated by the Calgary Health Region ("the Region"). · To establish the conditions under which clinic records (or copies thereof) may be transferred from the Region to non-Calgary Health Region physician practices, clinics or programs. Policy Statement All health records generated by Region owned or operated outpatient and academic clinics or programs are the property of the Region, and shall remain under the custody and control of the Region. No clinic record (or copy thereof) shall be transferred to an independent physician practice or to a non-Region clinic or program without prior written authorization in accordance with this policy. Applicability This policy applies to all health records under the custody of Region owned or operated outpatient or academic clinics or programs. This policy also applies to all staff (which includes employees, staff on contact and medical staff), volunteers, students and other persons who act or provide services on behalf of the Calgary Health Region. Process 1. PHYSICIAN DEPARTURE FROM CALGARY HEALTH REGION CLINIC / PROGRAM Any physician who leaves a Region owned or operated outpatient or academic clinic or program in order to establish an independent practice shall not be entitled to remove or access clinic records of former patients. However, copies of the health records of patients/clients that wish to continue treatment with a physician following the departure of the physician from the clinic/program may be provided. Upon receipt of written consent of each individual patient/client (or legal representative) in question, the Region's clinic or program will provide copies of the requested health records. The Region's clinic or program shall levy fees to individuals who request copies of health records in accordance with legislated fee schedules. 2. CLINIC/PROGRAM TRANSFERRED TO NON-CALGARY HEALTH REGION ORGANIZATION In the event that the Region transfers responsibility for operating an outpatient or academic clinic or program to a non-Calgary Health Region organization, the health records of the clinic or program may be transferred to the physical custody of the new organization. Prior to the transfer, the Region and the recipient organization shall enter into an agreement in which the following shall be stipulated: * The recipient organization shall be a custodian as defined in the Health Information Act. * The recipient organization shall maintain the health records in accordance with the Region's records retention guidelines, confidentiality and information security policies. * The recipient organization shall create and submit to the Region a complete listing of all records transferred. * The recipient organization shall not access any health record transferred until they have obtained the written consent of the patient/client (or legal representative) who is the subject of the record. * Region officials shall, at any time, be provided access to and be given copies of any records required for the purposes of information security investigations or litigation support. Definitions ACADEMIC CLINIC OR PROGRAM means any medical clinic or program operated jointly by the Calgary Health Region and the University of Calgary Medical Clinic or the University of Calgary. HEALTH RECORD means documents, data or information of any kind and in any form or medium (including, but not limited to, paper, digital and audio-visual media) created, received and maintained by the Region in the course of providing direct patient/client health care. This does not include computer software or any mechanisms that produce records. Health records maintained by outpatient or academic clinics or programs may also be referred to as clinic records. Underlying Principles 1. ORGANIZATIONAL OWNERSHIP OF HEALTH RECORDS Health records generated by the Region exist to serve the process of providing health care and are the property of the Region. 2. DUTY TO PROTECT AND ENSURE ACCURACY OF HEALTH INFORMATION The Region has a legislated duty to protect all health information contained in records under its custody or control from unauthorized access, use, modification, disclosure or destruction. The Region shall ensure that health records are accessed, secured and maintained by authorized persons in accordance with legislated requirements and Regional policies and guidelines. 3. TIMELY ACCESS TO HEALTH RECORDS FOR PATIENT CARE Timely access to health records is essential for quality patient care. The Region has a duty to ensure that health records under its custody or control are readily available to authorized persons upon request. Cross References to Calgary Health Region Policies Information Security Additional References Health Information Act (Alberta) |