Technologies de l information QUÉBEC HEALTH RECORD ACCESS TO INFORMATION AND RECTIFICATION POLICY

Transcription

1 Technologies de l information QUÉBEC HEALTH RECORD ACCESS TO INFORMATION AND RECTIFICATION POLICY

2 PRODUCED BY La Direction des communications du ministère de la Santé et des Services sociaux This document is available online and can be ordered at by clicking Documentation and then Publications. Masculine pronouns are used generically in this document. Legal deposit Bibliothèque et Archives nationales du Québec, 2013 Library and Archives Canada, (version PDF) The photographs in this publication are used only to illustrate the topics discussed herein. The people that appear in them are models All rights reserved for all countries. Any reproduction whatsoever, translation or dissemination, in whole or in part, is prohibited unless authorized by Les Publications du Québec. However, reproduction or use for non-commercial personal, private study or scientific research purposes is permitted, provided the source is mentioned. Gouvernement du Québec, 2013

3 QUÉBEC HEALTH RECORD ACCESS TO INFORMATION AND RECTIFICATION POLICY 1. Context The object of this policy is to inform individuals about how to access their personal health information held in health information banks in a clinical domain, in the denial register and the electronic prescription drug management system, as well as information that may be communicated by means of the Québec Health Record (QHR). The policy also aims to inform interested parties on how to rectify information in their own individual files. 2. Legal framework The policy meets the requirements of the Act Respecting the Sharing of Certain Health Information RSQ, c P (hereinafter, the Sharing Act ), which authorizes the Minister of Health and Social Services to set the terms and conditions of an access policy that allows individuals to receive information to which they are entitled. The policy also aims to meet the requirements of various laws, codes and regulations dealing with privacy and access to information, and in particular, the following: - Charter of human rights and freedoms, RSQ, c C-12 - Civil Code of Québec - Act respecting access to documents held by public bodies and the Protection of personal information, RSQ, c A Act Respecting Health Services and Social Services, RSQ, c S Regulation respecting access authorizations and the duration of use of information held in a health information bank in a clinical domain, RRQ, c P , r 1 - Regulation respecting fees for the transcription, reproduction or transmission of documents or personal information, RRQ, c A-2.1, r 3 3. Field of application This policy applies to anyone who requests information to which they are entitled under the Sharing Act. Moreover, it applies to any operational manager of a health information bank in a clinical domain who needs to collaborate with a Ministère de la Santé et des Services sociaux (hereinafter, the Department ) document access agent when exercising rights set out in Chapter III of the Sharing Act. It also applies to the Régie de l assurance maladie du Québec (RAMQ) under Section 116 of the Sharing Act.

4 4. Responsibilities Under the Sharing Act, the onus for taking the measures required to enable applicants to receive information to which they are entitled falls to the person in charge of QHR access, who is appointed per the Act respecting access to documents held by public bodies and the Protection of personal information (hereinafter, the Access Act ). The agent also deals with all information rectification requests and takes account of obligations set out in the Access Act. The Sharing Act provides that operational managers of health information banks in a clinical domain are to cooperate with the Department s person in charge of QHR access with respect to exercising rights set out in Chapter II of the Act. 5. Procedures and access requests Access requests must be submitted to the person in charge of QHR access on the Québec Health Record (QHR) Access to Information Request form by a physical person whose identity can been confirmed. The form can be found in Appendix I of this policy and on the QHR Web site ( the MSSS Web site section on information sharing ( and the Services Québec Web site. When a request is submitted on behalf of a third party, an original signed procuration or copy of the document proving legal representation must be attached to the form. The person in charge of QHR access at the Department is required to provide applicants with a written notification that includes date of receipt of their request and the prescribed follow-up date. The person in charge of QHR access at the Department is required to explain any denial of information and state on which provision of the Act the denial is based. In responding to applicants, the agent is required to enclose the text of the provision of the Act on which denial is based and a notice informing them of their right to appeal, as well as the filing deadline. Any agent that fails to answer a request within the applicable time frame is deemed to have refused to process the request and this failure automatically opens an appeal file. Individuals may gain access to their own information free of charge. However, applicants will be required to pay fees not to exceed the cost of information transcription, reproduction and transmission. The amount and means of payment of these charges are set by government regulation. Prior to the reproduction, transcription or transmission of the information, access applicants must be informed of the approximate amount required to obtain the documents. Individuals may obtain information to which they are entitled in the following ways: 1. By obtaining a copy of their personal health information that is available to agents, or a complete copy of their QHR file 2. By obtaining a list of the individuals, organizations or companies that transmitted or received information about them contained in health information banks in a clinical domain, as well as the date and time of transmission 5.1 Obtaining a copy of health information Whenever individuals apply to obtain a copy of health information to which they are entitled, the person in charge of QHR access at the Department sends the information by mail within the delays prescribed in the Access Act. 2

5 5. 2 List of authorized persons that have consulted your information Whenever applicants wish to obtain the information to which they are entitled (a list of the individuals, organizations or companies that transmitted or received information about them contained in health information banks in a clinical domain, as well as the date and time of transmission), the person in charge of QHR access at the Department sends this information by mail within forty-five (45) days of receipt of the application. If processing the application requires more time, the agent may extend the deadline for answering by fifteen (15) days and so notify the applicant. 6. Rectification of health information Requests to rectify information must be submitted to the person in charge of QHR access on the Québec Health Record (QHR) Request to Rectify Information form by a physical person whose identity can been confirmed. The form can be found in Appendix II of this policy and on the QHR Web site ( the MSSS Web site section on information sharing ( and the Services Québec Web site. When a request is submitted on behalf of a third party, an original signed procuration or copy of the document proving legal representation must be attached to the form. The person in charge of QHR access at the Department is required to provide applicants with a written notification that includes date of receipt of the request, prescribed follow-up date and information on their right to appeal to the Commission d accès à l information du Québec. The person in charge of QHR access at the Department is required to respond to a request for rectification within twenty (20) days of receipt. If processing the application requires more time, the agent may extend the deadline for answering by ten (10) days and so notify the applicant by mail. The person in charge of QHR access at the Department analyzes the request for rectification and communicates the decision taken to the applicant in writing. The Sharing Act stipulates that whenever health information is rectified, the changes are added to the individual s QHR. 3

6 The person in charge of QHR access at the Department is required to explain any denial of information rectification and state on which provision of the Act the denial is based. In responding to applicants, the agent is required to enclose the text of the provision on which denial is based and a notice informing them of their right to appeal, as well as the deadline for filing. Any agent that fails to answer a request within the applicable time frame is deemed to have refused to process the request and this failure automatically opens an appeal file. 7. Approval This policy was approved by the Minister of Health and Social Services and Minister responsible for Seniors, Dr. Réjean Hébert, and came into force on June 20,

7 Appendix I Québec Health Record Access to Information Request Form 5

8 ACCESS TO INFORMATION REQUEST Québec Electronic Health Record (QHR) Section A: IDENTIFICATION 1 Fields with an asterisk (*) are mandatory. * RAMQ health insurance number * Last name * First name * Date of birth Year Month Day * Gender * Address (street, apartment) F M * City * Province * Postal code * Area code * Phone (daytime) Area code Phone (evening) * Mother's maiden name * Mother's first name * Father's last name * Father's first name 1 IMPORTANT: To prevent identity theft and protect your personal information, your request must be submitted along with a copy of a valid piece of signed photo I.D. (health insurance card, driver's license, passport, etc.) by mail or fax. Failure to provide this information may result in your request being delayed or turned down. Section B: IDENTIFICATION OF PARENT, REPRESENTATIVE, OR MANDATARY Complete this section only if you are filing a request on behalf of the person named in Section A. Attach a document authorizing communication (consent, power of attorney, or court decision) if necessary. Last name First name Area code Phone (daytime) Relationship to the person Address (street, apartment) City Province Postal code Section C: TYPE OF REQUEST I understand that some fees may apply and that I will be notified in advance if this is the case. Copy of my personal information as viewable by healthcare practitioners Copy of my personal information contained in the QHR databank (specify as required) All Medication Laboratory results Medical imaging Electronic prescriptions List of persons, organizations, or agencies who have had access to my personal information Register of refusals Additional information, as required Section D: SIGNATURE Signature Date (year / month / day) Please fax the completed form to or mail it to the following address: Person in charge of QHR access Ministère de la Santé et des Services sociaux 1075, chemin Sainte-Foy, 5 e étage, Québec (Québec) G1S 2M1 For help completing this form please contact SERVICES QUÉBEC (Montréal) (Québec City) (toll free)

9 Appendix II Québec Health Record Request to Rectify Information Form 7

10 REQUEST TO RECTIFY INFORMATION Québec Electronic Health Record (QHR) Section A: IDENTIFICATION 1 Fields with an asterisk (*) are mandatory. * RAMQ health insurance number * Last name * First name * Date of birth Year Month Day * Gender * Address (street, apartment) F M * City * Province * Postal code * Area code * Phone (daytime) Area code Phone (evening) * Mother's maiden name * Mother's first name * Father's last name * Father's first name 1 IMPORTANT: To prevent identity theft and protect your personal information, your request must be submitted along with a copy of a valid piece of signed photo I.D. (health insurance card, driver's license, passport, etc.) by mail or fax. Failure to provide this information may result in your request being delayed or turned down. Section B: IDENTIFICATION OF PARENT, REPRESENTATIVE, OR MANDATARY Complete this section only if you are filing a request on behalf of the person named in Section A. Attach a document authorizing communication (consent, power of attorney, or court decision) if necessary. Last name First name Area code Phone (daytime) Relationship to the person Address (street, apartment) City Province Postal code Section C: TYPE OF REQUEST Please indicate the type of information requiring rectification: Medication Laboratory result Medical imaging Electronic prescription Refusal Other Date of information (year / month / day): Specify: Section D: SIGNATURE Signature Date (year / month / day) Please fax the completed form to or mail it to the following address: Person in charge of QHR access Ministère de la Santé et des Services sociaux 1075, chemin Sainte-Foy, 5 e étage, Québec (Québec) G1S 2M1 For help completing this form please contact SERVICES QUÉBEC (Montréal) (Québec City) (toll free)

11 WA Gouvernement du Québec, 2013