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Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 209

THE PERSONAL HEALTH INFORMATION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P33.5 amended

1           The Personal Health Information Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definition:

"immediately available information" means the personal health information of a patient in a hospital or personal care home that would reasonably

(a) be recorded or reviewed by, and

(b) be readily accessible within the hospital or personal care home to,

a health professional providing care to the patient; (« renseignements immédiatement disponibles »)

3           The following is added after subsection 5(1):

Request for immediately available information

5(1.1)      An individual who is a patient currently receiving care in a hospital or personal care home may choose to limit a request under subsection (1) to his or her immediately available information.

4(1)        Subsection 6(1) is replaced with the following:

Trustee must respond promptly

6(1)        A trustee shall respond to a request as promptly as required in the circumstances but no later than 

(a) 24 hours after receiving it, if the request is limited to immediately available information, as provided for in subsection 5(1.1); or

(b) 30 days after receiving it, in any other case, unless he or she transfers the request to another trustee under section 8.

4(2)        Subsection 6(3) is amended by adding "applicable 24-hour or" after "within the".

5           Subsection 8(1) is amended by replacing the part before clause (a) with the following:

Transferring a request to another trustee

8(1)        Within seven days after receiving it, a trustee may transfer a request to another trustee if it is not limited to immediately available information and if

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables patients in hospitals and personal care homes to access information about their own health within 24 hours, if it is readily available.