Patient data privacy is a complex subject, and the US Department of Health and Human Services (HHS) knows it. The department's effort to minimize data breaches and protect patient data led to the implementation of the HIPAA Security Rule.
The federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) sets nationwide rules governing the disclosure of sensitive patient health information (PHI). This law sets boundaries on what healthcare providers and clinicians can do with patient data and the rights they have in the context of PHI disclosure.
Canada, a country with an almost similar quality of healthcare system, has no universal federal law equivalent to HIPAA in the United States. However, they have relevant territory and province-based legislation that controls how healthcare specialists handle PHI.
These laws determine the rights and limitations health centers have in collecting, using, and disclosing patient data. So, are you moving to Canada and want to know if they have robust patient data protection laws?
The following are four things you should know.
1. HIPAA Canada Territorial and Provincial Law Equivalents
The territorial and provincial Canada HIPAA equivalent laws outline and enforce the implementation of PHI use and disclosure. Some of the laws include the Personal Health Information Protection Act (PHIPA), Personal Health Information Act, Personal Information Protection Act (PIPA), Act Respecting the Protection of Personal Information in the Private Sector (Quebec), and the Health Information Privacy and Protection Act.
These legislations operate on the principles of fairness and transparency, indicating the importance of proper handling of patient data. Healthcare organizations must inform patients beforehand of the collection, use, and disclosure of their PHI. Organizations must implement privacy policies relevant to territorial or provincial laws, outlining the legitimacy of such practices. It is right for patients to give consent to the handling of their PHI. They can request the correction or deletion of inaccurate and incomplete PHI.
2. Privacy and Handling Of PHI in Canada
Canada has many industry-specific laws similar to HIPAA. The sectoral HIPAA equivalent in Canada addresses the unique regulations for handling PHI in the different health sectors. Every health provider has the right to obtain and keep sensitive patient health information but must take precautionary measures to keep the data safe from unauthorized access, disclosure, theft, and loss. While under their custody, the data should never be modified or disposed of wrongly or without the consent of the patient.
Healthcare centers will be held liable for breaches of personal health information. To avoid extreme penalties, healthcare providers must report PHI breaches to the Information and Privacy Commissioner of Ontario and the affected parties. HIPAA has more stringent regulations for reporting PHI breaches. Canada's legal limitations on PHI data collection state that healthcare providers should only collect data reasonably applicable to the healthcare services being provided.
3. The Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) Regulates Nationwide Handling of Personal Data
Every organization operating in Canada must adhere to the data handling laws documented in PIPEDA. This nationwide law addresses issues related to the collection, usage, and disclosure of personal data. Like HIPAA, PIPEDa operates on the principles of fair handling of data. PIPEDA laws are integral to operating a healthcare facility in Canada.
Although a Canadian HIPAA equivalent, PIPEDA is not directly related to PHI, and its practices differ. However, the federal law has standout functions that address PHI. For instance, PIPEDA's laws require every organization handling data from individuals to first seek their consent. Whether disposing of, collecting, disclosing, or using the data, the person from whom the data was sourced should be informed.
4. Many International Legislations Exist
Besides domestic privacy and data handling laws, Canada has international regulations for concerned organizations to abide by. As a member of multi-international agreements relevant to privacy protection, Canada requires its citizens to stick to these stipulations.
These HIPAA Canada equivalent laws touch on diverse aspects of data handling. The European Union's General Data Protection Regulation (GDPR) addresses the need for organizations operating in countries under the European Union (EU) to safely handle personal data. There are several provisions relevant to PHI.
The Organization for Economic Co-operation and Development (OECD) comprises privacy guidelines relevant to PHI, including the principle of purpose limitation. This stresses the importance of organizations only collecting PHI for specified and legal purposes.
Last on the list of international laws relevant to PHI is the Asia-Pacific Economic Cooperation (APEC). This is a privacy framework comprising principles specific to protecting handling and disposal of personal data. A clause pertinent to PHI is the one needing organizations to allow patients access to their PHI and the rights to make corrections.
Wrapping Up
HIPAA regulations strictly emphasize the importance of protecting PHI. There are stipulations in Canadian data regulation laws that address the same subject indirectly. PIPEDA is one of the primary laws in Canada that gives the PHI protection subject a priority. Understand that compliance with these laws is mandatory. Failure to comply with these PHI laws attracts penalties.
You want your organization to be on the right side of the law, so why not learn and comply with these laws on time?