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  1. A health record (s) can only be released to a third party if signed consent is provided by the patient (or the patient’s substitute decision maker), unless the Personal Health Information Protection, Mental Health Act, or other applicable legislation authorizes its disclosure without consent.

  2. When you are a patient at any of Riverside's facilities, you should ask your healthcare provider for information you want to know. If your request is substantial or not covered by the information available to the attending healthcare provider, you will be referred to Health Records.

    • (807) 274-3266
    • riverside@rhcf.on.ca
  3. What should I do if my patient requests to record their appointment? Do I have obligations related to medical record-keeping if a recording is made? It is becoming increasingly common for patients to want to record their medical appointments via audio, video, or photography.

    • Establishing Custodianship and Accountabilities
    • Access and Transfer of Medical Records
    • Retention and Destruction
    • Storage and Security
    Physicians must have a written agreement that establishes custodianship and clear accountabilities regarding medical records if they:
    Physicians must ensure their agreements:
    Physicians with custody or control of medical records must give all former partners and associates reasonable access to their patient medical records to allow them to prepare medico-legal reports,...
    Physicians moving to a new practice who do not have custody or control of the medical records of patients who choose to follow them to the new practice, mustobtain patient consent to transfer copie...

    Providing Access to Medical Records

    1. Physicians must provide patients and authorized parties6 with access to, or copies of, all the medical records in their custody or control upon request, unless an exception applies.7, 8 2. Where an exception applies and access is refused, physicians must inform the individual in writing of the following: 2.1. the fact of the refusal; 2.2. the reason for the refusal; and 2.3. the right of the patient to make a complaint to the Information and Privacy Commissioner of Ontario (IPC).9 3. Physi...

    Transferring Copies of Medical Records

    1. Physicians must retain original medical records for the time period required by the Regulation11(see Medical Records Retention below) and only transfer copies to others. 2. Physicians must only transfer copies of medical records where they have consent or are permitted or required by law to do so.12 3. Physicians must transfer copies of medical records in a timely manner, urgently if necessary, but no later than 30 days after a request.13What is timely will depend on whether there is any r...

    Fees for Copies and Transfer of Medical Records16

    Fulfilling a request for copying and transferring medical records is an uninsured service. As such, physicians are entitled to charge patients or third parties a fee for obtaining a copy or summary of their medical record. 1. When charging for copying and transferring medical records, physicians must: 1.1. provide a fee estimate prior to providing copies or summaries;17 1.2. provide an itemized bill that provides a breakdown of the cost, upon request (e.g., cost per page, cost for transfer, e...

    Medical Records Retention27

    1. Physicians must ensure medical records are retained for a minimum of the following time periods28: 1.1. Adult patients: 10 years from the date of the last entry in the record. 1.2. Patients who are children: 10 years after the day on which the patient reached or would have reached 18 years of age.29, 30

    Destruction of Medical Records

    1. Physicians mustonly destroy medical records once their obligation to retain the record has come to an end. 2. When destroying medical records, physicians must do so in a secure and confidential manner31 and in such a way that they cannot be reconstructed or retrieved. As such, physicians must, where applicable: 2.1. cross-shred all paper medical records; 2.2. permanently delete electronic records by physically destroying the storage media or overwriting the information stored on the media;...

    Storage

    1. Physicians must ensure medical records in their custody or control are stored in a safe and secure environment33 and in a way that ensures their integrity and confidentiality, including: 1.1. taking reasonable steps to protect records from theft, loss and unauthorized access, use or disclosure, including copying, modification or disposal;34 1.2. keeping all medical records in restricted access areas or in locked filing cabinets to protect against unauthorized access, loss of information an...

    Security37

    1. Physicians with custody or control of medical records must ensure that: 1.1. all individuals who have access to medical records are bound by appropriate confidentiality agreements; and 1.2. agreements that address data sharing are established for all health care providers, organizations or service providers who will have access to or who will be sharing patient health information with the physician.38 2. Physicians with custody or control of medical records must have records management pro...

    Electronic Records - System Requirements

    1. Physicians must use due diligence when selecting an EMR system and/or engaging EMR service providers and must only use electronic record-keeping systems that: 1.1. comply with privacy standards set out in PHIPA, 1.2. comply with the standards set out in the Regulation40, and 1.3. can fulfill the requirements set out in this policy and the Medical Records Documentation policy (e.g., capturing all pertinent personal health information).41 2. Physicians must only engage with EMR service provi...

  4. As of January 1, 2012, all Ontario hospitals are subject to the Freedom of Information and Protection of Privacy Act. FIPPA gives members of the public the right to request access to CAMH records, other than health records. CAMH supports this increased public accountability and transparency.

  5. The MGH Health Records Department maintains health records for inpatients and day surgery, emergency and medical daycare patients. Some departments within the hospital, including Outpatient Mental Health and others, maintain patient health records separately from the Health Records Department.

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  7. The bottom line. Physicians in a shared practice can achieve clarity concerning access and stewardship of medical records by entering into a Data Sharing Agreement or Inter-Physician Agreement. In solo practice, physicians should retain patient records for the required retention duration.

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