Amendment of Regulation O. Reg. 329/04 (General) under the Personal Health Information Protection Act, 2004 (PHIPA)
Regulation Number(s):
O. Reg. 329/04
Instrument Type:
Regulation - LGIC
Bill or Act:
Personal Health Information Protection Act
Summary of Decision:
The proposed amendment to O. Reg. 329/04 (General) under PHIPA would name the Ministry of Children, Community and Social Services (MCCSS) as a prescribed ministry for the purposes of section 46 of PHIPA.

This would provide the minister of MCCSS with the power to direct custodians to disclose personal health information for purposes of determining, providing, monitoring or verifying payment relating to programs it funds.

Currently, the MCCSS funds custodians to provide programs for health care delivery and those custodians have no clear authority to disclose to MCCSS the personal health information needed for MCCSS to assess whether the programs it funds are successful. This amendment would allow for MCCSS to collect personal health information in order to make better evidence-based allocation decisions.
Analysis of Regulatory Impact:
The proposed regulation amendments would have no additional costs or burdens on the public. There would be no impacts on administrative costs or fiscal implications within the government.

The proposed regulation may add a burden to certain health information custodians, especially those with programs funded by both MOH and MCCSS. There are 308 transfer payment agreements shared with MOH and MCCSS. Coordination of reporting to government may be advisable as a mitigation strategy to reduce reporting burden on these custodians.

Not proceeding with the regulation will continue the existing risk that MCCSS is unable to obtain accurate information on the effectiveness of funding it provides to the programs. This proposed regulation would significantly mitigate that risk.
Further Information:
Proposal Number:
20-HLTC040
Posting Date:
October 30, 2020
Summary of Proposal:
The proposed amendment to O. Reg. 329/04 (General) under PHIPA would name the Ministry of Children, Community and Social Services (MCCSS) as a prescribed ministry for purposes of section 46 of PHIPA.

This would provide the minister of MCCSS with the power to direct custodians to disclose personal health information for purposes of determining, providing, monitoring or verifying payment relating to programs it funds.

Currently, MCCSS funds custodians to provide programs for health care delivery and those custodians have no clear authority to disclose to MCCSS the personal health information needed for MCCSS to assess whether programs it funds are successful. This amendment would allow for MCCSS to collect personal health information in order to make better evidence-based allocation decisions.
Contact Address:
Director
Information Management Strategy and Policy Branch
Digital Health Division
Ministry of Health
1075 Bay St., 13th floor
Toronto, ON M5S 2B1
Email: healthprivacy.moh@ontario.ca
Effective Date:
March 12, 2021
Decision:
Approved