Proposed amendments to Alberta's Health Information Act

The government of Alberta has just introduced amendments to the Health Information Act. Bill 31, the Health Information Amendment Act 2006 makes some mundane changes to the law, but some are more substantial.

For example, new sections allow certain disclosures of personal health information to deal with suspected fraud by patients and healthcare providers.

Disclosure to prevent or limit fraud or abuse of health services

37.1(1) A custodian may disclose individually identifying health information referred to in subsection (2) without the consent of the individual who is the subject of the information to a police service or the Minister of Justice and Attorney General where the custodian reasonably believes

(a) that the information relates to the possible commission of an offence under a statute or regulation of Alberta or Canada, and

(b) that the disclosure will detect or prevent fraud or limit abuse in the use of health services.

Disclosure to prevent or limit fraud or abuse of health services by health services providers

37.2(1) A custodian may disclose individually identifying health information referred to in subsection (2) without the consent of the health services provider who is the subject of the information to a police service or the Minister of Justice and Attorney General where the custodian reasonably believes

(a) that the information relates to the possible commission of an offence under a statute or regulation of Alberta or Canada by the health services provider, and

(b) that the disclosure will detect or prevent fraud or limit abuse in the provision of health services.

Also, a new subsection 170(5.1) appears to be meant to counter the USA Patriot Act:

(5.1) No person shall knowingly disclose health information to which this Act applies pursuant to a subpoena, warrant or order issued or made by a court, person or body having no jurisdiction in Alberta to compel the production of information or pursuant to a rule of court that is not binding in Alberta.

(7) A person who contravenes subsection (5.1) is guilty of an offence and liable

(a) in the case of an individual, to a fine of not less than $2000 and not more than $10 000, and

(b) in the case of any other person, to a fine of not less than $200 000 and not more than $500 000.

Personal Information Privacy Privacy Law Health Information USA Patriot Act Alberta