Appendix 2: Ten Things to Know to Make Compliance with PHIPA Easier

• Author: Halyna N. Perun; Michael Orr; Fannie Dimitriadis
• Pages: 657-662

© Irwin Law Inc., 2005, from Guide to the Ontario Personal Health Informa-

tion Protection Act,by Halyna Perun, Michael Orr, and Fannie Dimitriadis, pub-

lished by Irwin Law Inc.

Permission is granted for the non-commercial reproduction and further distribution

of this list provided that it is copied in its entirety including this notice, without any

modification.

This material does not reflect the opinions of the Ontario Government or its Min-

istries, and is not intended as legal advice.

The following list outlines ten things that health information custodians

should keep in mind to help simplify their compliance with PHIPA. For full

details of these points, see the noted sections of PHIPA, and the cross-refer-

enced Chapters of this Guide.

1. Implied consent concerning personal health information for health care

purposes is simplified for some health information custodians under

PHIPA. A health information custodian whose core business is providing

health care1can assume the patient’s implied consent to collect, use, or dis-

657

1 More precisely, PHIPA, s. 20(2) refers to the health information custodians described

in paras. 1, 2, 3, or 4 of the definition of “health information custodian” in s. 3(1) of

the Act. This includes all health care practitioners (i.e., physicians, nurses, etc.), and

institutions that provide health care (like hospitals, long-term care facilities, etc.).

Appendix 2:

Ten Things to Know to

Make Compliance with

HIPA Easier