Right to request a correction
15(1)For purposes of accuracy or completeness, an individual may make a request to correct any personal health information that the individual may examine and copy under this Part.
15(2)A request shall be in writing.
15(3)Within 30 business days after receiving a request under subsection (1), the custodian shall do one of the following:
(a)
make the requested correction to the record of the personal health information in a manner that it will be read with and form part of the record or be adequately cross-referenced to it;
(b)
inform the individual, in writing, if the personal health information no longer exists or cannot be found;
(c)
if the custodian does not maintain the personal health information,
(i)
inform the individual making the request that the custodian does not maintain the personal health information;
(ii)
provide the individual with the name and address of the custodian who maintains the personal health information, if known; and
(iii)
if the custodian who maintains the personal health information is known, transfer the request to that custodian and notify the individual making the request of the transfer;
(d)
inform the individual in writing of the custodian’s refusal to correct the record as requested, the reason for the refusal, and the individual’s right to add a statement of disagreement to the record and to make a complaint about the refusal under Part 6.
15(4)The custodian may, if approved by the Ombud, extend the time limit for responding to a request for a period longer than 30 business days.
15(5)A custodian who refuses to make a correction that is requested under this section shall
(a)
permit the individual to file a concise statement of disagreement stating the correction requested and the reason for the correction, and
(b)
add the statement of disagreement to the record in a manner that it will be read with and form part of the record or be adequately cross-referenced to it.
15(6) If a custodian makes a correction or adds a statement of disagreement under this section, the custodian shall, when practicable, notify any other custodian or person to whom the personal health information has been disclosed about the correction or statement of disagreement.
15(7)A custodian shall make the correction or add the statement of disagreement, if applicable, to any record of the personal health information that the custodian maintains.
15(8)A custodian shall not charge a fee in connection with a request for a correction made under this section.
2017, c.30, s.2; 2019, c.19, s.5