Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 38
Disposition versions

Full text
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering a common or integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering a common or integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(f.1) to an agent in accordance with this Act,
(f.2) necessary for delivering public education under the Education Act,
(f.3) necessary for managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(f.4) necessary for establishing or maintaining the immunization registry or the notifiable disease registry under the Public Health Act,
(f.5) if the custodian is the Minister, to a District Education Council, a superintendant of a school district and a principal of the school for the purpose of disclosing proof of immunization under subsection 42.1(6) of the Public Health Act,
(f.6) if the custodian is the Minister of Education and Early Childhood Development, to the Minister for the purpose of validating the unique identification number created for a child under the Early Childhood Services Act or created for a pupil under the Education Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(g.1) to the Canadian Institute for Health Information, the New Brunswick Health and Senior Care Council or another entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Province and the Canadian Institute for Health Information, the New Brunswick Health and Senior Care Council or the other entity, as the case may be,
(g.2) to the Minister and the Minister uses the personal health information to perform data matching for the purpose of a research project approved
(i) by a research review body under section 43, or
(ii) in accordance with an agreement referred to in paragraph 43.1(a),
(g.3) to a researcher for the purpose of a research project approved by a research review body under section 43,
(h) to a research data centre for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.01) if the custodian is a research data centre, to a researcher for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.1) if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,
(h.2) to a psychiatric patient advocate service or a psychiatric patient advocate in carrying out its or his or her powers or duties under the Mental Health Act,
(h.3) to a tribunal or a review board as those terms are defined in the Mental Health Act for the purpose of an inquiry or hearing,
(h.4) to the Public Trustee in carrying out his or her powers or duties under the Mental Health Act,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6; 2016, c.7, s.4; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71; 2019, c.22, s.1; 2021, c.1, s.31; 2022, c.61, s.20
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering a common or integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering a common or integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(f.1) to an agent in accordance with this Act,
(f.2) necessary for delivering public education under the Education Act,
(f.3) necessary for managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(f.4) necessary for establishing or maintaining the immunization registry or the notifiable disease registry under the Public Health Act,
(f.5) if the custodian is the Minister, to a District Education Council, a superintendant of a school district and a principal of the school for the purpose of disclosing proof of immunization under subsection 42.1(6) of the Public Health Act,
(f.6) if the custodian is the Minister of Education and Early Childhood Development, to the Minister for the purpose of validating the unique identification number created for a child under the Early Childhood Services Act or created for a pupil under the Education Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(g.1) to the Canadian Institute for Health Information, the New Brunswick Health Council or another entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Province and the Canadian Institute for Health Information, the New Brunswick Health Council or the other entity, as the case may be,
(g.2) to the Minister and the Minister uses the personal health information to perform data matching for the purpose of a research project approved
(i) by a research review body under section 43, or
(ii) in accordance with an agreement referred to in paragraph 43.1(a),
(g.3) to a researcher for the purpose of a research project approved by a research review body under section 43,
(h) to a research data centre for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.01) if the custodian is a research data centre, to a researcher for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.1) if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,
(h.2) to a psychiatric patient advocate service or a psychiatric patient advocate in carrying out its or his or her powers or duties under the Mental Health Act,
(h.3) to a tribunal or a review board as those terms are defined in the Mental Health Act for the purpose of an inquiry or hearing,
(h.4) to the Public Trustee in carrying out his or her powers or duties under the Mental Health Act,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6; 2016, c.7, s.4; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71; 2019, c.22, s.1; 2021, c.1, s.31
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering a common or integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering a common or integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(f.1) to an agent in accordance with this Act,
(f.2) necessary for delivering public education under the Education Act,
(f.3) necessary for managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(f.4) necessary for establishing or maintaining the immunization registry or the notifiable disease registry under the Public Health Act,
(f.5) if the custodian is the Minister, to a District Education Council, a superintendant of a school district and a principal of the school for the purpose of disclosing proof of immunization under subsection 42.1(6) of the Public Health Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(g.1) to the Canadian Institute for Health Information, the New Brunswick Health Council or another entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Province and the Canadian Institute for Health Information, the New Brunswick Health Council or the other entity, as the case may be,
(g.2) to the Minister and the Minister uses the personal health information to perform data matching for the purpose of a research project approved
(i) by a research review body under section 43, or
(ii) in accordance with an agreement referred to in paragraph 43.1(a),
(g.3) to a researcher for the purpose of a research project approved by a research review body under section 43,
(h) to a research data centre for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.01) if the custodian is a research data centre, to a researcher for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.1) if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,
(h.2) to a psychiatric patient advocate service or a psychiatric patient advocate in carrying out its or his or her powers or duties under the Mental Health Act,
(h.3) to a tribunal or a review board as those terms are defined in the Mental Health Act for the purpose of an inquiry or hearing,
(h.4) to the Public Trustee in carrying out his or her powers or duties under the Mental Health Act,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6; 2016, c.7, s.4; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71; 2019, c.22, s.1
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering a common or integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering a common or integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(f.1) to an agent in accordance with this Act,
(f.2) necessary for delivering public education under the Education Act,
(f.3) necessary for managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(g.1) to the Canadian Institute for Health Information, the New Brunswick Health Council or another entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Province and the Canadian Institute for Health Information, the New Brunswick Health Council or the other entity, as the case may be,
(g.2) to the Minister and the Minister uses the personal health information to perform data matching for the purpose of a research project approved
(i) by a research review body under section 43, or
(ii) in accordance with an agreement referred to in paragraph 43.1(a),
(g.3) to a researcher for the purpose of a research project approved by a research review body under section 43,
(h) to a research data centre for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.01) if the custodian is a research data centre, to a researcher for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.1) if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,
(h.2) to a psychiatric patient advocate service or a psychiatric patient advocate in carrying out its or his or her powers or duties under the Mental Health Act,
(h.3) to a tribunal or a review board as those terms are defined in the Mental Health Act for the purpose of an inquiry or hearing,
(h.4) to the Public Trustee in carrying out his or her powers or duties under the Mental Health Act,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6; 2016, c.7, s.4; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering an integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering an integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(f.1) to an agent in accordance with this Act,
(f.2) necessary for delivering public education under the Education Act,
(f.3) necessary for managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(g.1) to the Canadian Institute for Health Information, the New Brunswick Health Council or another entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Province and the Canadian Institute for Health Information, the New Brunswick Health Council or the other entity, as the case may be,
(g.2) to the Minister and the Minister uses the personal health information to perform data matching for the purpose of a research project approved
(i) by a research review body under section 43, or
(ii) in accordance with an agreement referred to in paragraph 43.1(a),
(g.3) to a researcher for the purpose of a research project approved by a research review body under section 43,
(h) to a research data centre for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.01) if the custodian is a research data centre, to a researcher for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),
(h.1) if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,
(h.2) to a psychiatric patient advocate service or a psychiatric patient advocate in carrying out its or his or her powers or duties under the Mental Health Act,
(h.3) to a tribunal or a review board as those terms are defined in the Mental Health Act for the purpose of an inquiry or hearing,
(h.4) to the Public Trustee in carrying out his or her powers or duties under the Mental Health Act,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6; 2016, c.7, s.4; 2017, c.29, s.1; 2017, c.30, s.2
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering an integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering an integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(f.1) to an agent in accordance with this Act,
(f.2) necessary for delivering public education under the Education Act,
(f.3) necessary for managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(h) to a research data centre in accordance with the terms of an agreement between the research data centre and the custodian,
(h.1) if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6; 2016, c.7, s.4; 2017, c.30, s.2
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering an integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering an integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(h) to a research data centre in accordance with the terms of an agreement between the research data centre and the custodian,
(h.1) if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6; 2016, c.7, s.4
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(d.1) if the custodian is a public body, for the purpose of planning or delivering an integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering an integrated service, program or activity,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(h) to a research data centre in accordance with the terms of an agreement between the research data centre and the custodian,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2; 2013, c.47, s.6
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(h) to a research data centre in accordance with the terms of an agreement between the research data centre and the custodian,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
2012, c.49, s.2
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(h) to the Canadian Institute for Health Information or other entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Canadian Institute for Health Information or other entity and the Province,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.
Disclosure for health care programs or other programs
38(1)A custodian may disclose personal health information relating to an individual without the consent of the individual if the disclosure is
(a) for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of the Legislature or the Parliament of Canada and funded in whole or part by the Province or the Government of Canada,
(b) for the purpose of determining or providing payment to the custodian for the provision of health care or for processing, monitoring, verifying or reimbursing claims for payment for the provision of health care,
(c) to a department or the government of another jurisdiction or to an agency of that government to the extent necessary to obtain payment for health care provided to the individual to whom the personal health information relates,
(d) for the purpose of delivering, evaluating or monitoring a program of the custodian that relates to the provision of health care or the payment for health care,
(e) for the purpose of review and planning necessary for the provision of health care by another custodian,
(f) to an information manager in accordance with this Act,
(g) to a person who requires the personal health information to carry out an audit for, or to provide legal services, error management services or risk management services to, the custodian,
(h) to the Canadian Institute for Health Information or other entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Canadian Institute for Health Information or other entity and the Province,
(i) to a potential successor of the custodian for the purpose of allowing the potential successor to assess or evaluate the operations of the custodian, on condition that the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain the information any longer than is necessary for the purpose of the assessment or evaluation, and
(j) to the successor of the custodian if the custodian transfers records to the successor as a result of the custodian ceasing to be a custodian or ceasing to provide health care within the geographic area in which the successor provides health care and the successor is a custodian.
38(2)For the purpose of paragraph (1)(j), a custodian who transfers a record of personal health information to its successor shall make reasonable efforts to give notice to the individual to whom the information relates before the transfer or, if this is not possible, as soon as possible after the transfer, that it has ceased to be a custodian of the information and identifies its successor.