Wait Times Guarantee Pilot

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Wait Times Guarantee Pilot
A partnership between Saint Elizabeth Health Care
and the Assembly of Manitoba Chiefs
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• PRIVACY LEGISLATION AND THE MUSTIMUHW HEALTH
  INFORMATION SYSTEM

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LEGAL OPINION

• Applicability of federal and provincial privacy
  legislation
• Review of potential privacy related restrictions
• Analysis for transferred, non-transferred and
  integrated communities
• Recommendations

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JURISDICTIONS FOR PRIVACY LEGISLATION

• FEDERAL-Constitutional Jurisdiction over matters
  of national concern-Privacy Act, Personal
  Information Protection and Electronic Documents
  Act
• PROVINCIAL-Constitutional Jurisdiction over
  property and civil rights-Privacy Act, Freedom of
  Information and Protection of Privacy Act,
  Personal Health Information Act
• FIRST NATIONS- Inherent right to self-governance
  and authority to enact own privacy laws and
  regulations

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MUSTIMUHW HEALTH INFORMATION SYSTEM

• First Nations e-health record and program
  reporting owned by Cowichan Tribes
• Primary principle is recognition and
  acknowledgement that the FN is the steward of
  health information
• Health information is held for the benefit of the
  members of the FN
• The FN commits to protecting the privacy of the
  individuals and the communitys interests
• Consistent with the principles of FNs OCAP

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CONSENT

• Consent is the basis of all privacy legislation,
  federal and provincial
• If a client consents to collection, use and
  disclosure of their personal information no other
  legal authority is required
• Consent may be expressed, written, or implied
• MHIS is based upon individual and community
  consent

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APPLICABILITY OF LEGISLATION

• Neither the federal Privacy Act nor the PIPEDA
  applies to FNs collection, use and disclosure of
  personal health information related to their
  delivery of health services
• The Privacy Act applies only to federal
  government departments and agencies.
• All regulated health professionals must comply
  with Manitobas Personal Health Information Act

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APPLICABILITY OF LEGISLATION

• Transferred and Integrated FNs implementing MHIS
  are not subject to any specific privacy
  legislation
• FN must exercise due diligence in the protection
  of personal information within its control
• FN PIA and MHIS Policies and Procedures ensure
  due diligence and ensures health professionals
  practice is consistent with PHIA
• MHIS provides protection for aggregate FNs data
  where the Privacy Act does not and cannot

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APPLICABILITY OF LEGISLATION

• Where First Nations delivers health services and
  Health Canada employee assists in delivery of
  those services the Privacy Act does not apply
• Where Health Canada (FNIH) directly delivers
  health services they must comply with Privacy
  Act- can do so with MHIS
• Who controls the delivery of health services is
  the key

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NON TRANSFERRED HEALTH SERVICES

• Project unable to implement Mustimuhw due to FNIH
  perception of privacy legislation obstacles
• Legal opinion states there are in fact no legal
  obstacles
• Justice Canada has concluded the same
• MHIS can comply with Privacy Act and meets
  provincial standards under PHIA
• Non transferred communities are being denied the
  ability to benefit from MHIS

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RECOMMENDATIONS AND NEXT STEPS

• Review legal opinion with FNIHB Headquarters-
  Ottawa
• AMC continue to advocate and lobby
• Chief Donovan Fontaine- AFN Chiefs Committee on
  Health
• Legal Opinion to be provided to all participating
  communities