Improving access by patients to their health records

Tuesday December 5: Kevin Lamoureux and I brought in Bill 210 which would provide for 24 hour access to medical records for those in hospital or in a personal care home instead of the present 30 day access. This is a measure which is needed to ensure patients or guardians have quick access to health information so that they can become partners in their care with health care providers. Below is the transcript from Hansard.

Bill 210–The Personal Health Information Amendment Act

Hon. Jon Gerrard (River Heights): Mr. Speaker, I move, seconded by the MLA for Inkster, that Bill 210, The Personal Health Information Amendment Act; Loi modifiant la Loi sur les renseignements médicaux personnels, be now read a first time.

Motion presented.

Mr. Gerrard: Mr. Speaker, the purpose of this bill is to enable patients in hospitals and personal care homes to access information about their own health within 24 hours if it's readily available. It would reduce the time now, which is 30 days down to 24 hours, so that patients and those who are health care providers can share information much more easily and move toward a more collaborative environment where patients and providers work together in the best interests of the patients' health.

And the transcript from Question Period:

Health Care System - Access to Personal Health Information

Hon. Jon Gerrard (River Heights): Mr. Speaker, in our health care system, patients in hospitals or in personal care homes should have quick access to their own health information. But the fact is I hear all too often from Manitobans about the difficulties they have in gaining quick access to personal health information.

Indeed, in the gallery here today is Mimi Raglan and her family who have experienced major problems in helping to care for family members because they weren't allowed quick and timely access to medical records. Present legislation says access only needs to be provided in 30 days. It is far too long.

Will the Minister of Health support our proposal to ensure hospital patients or their legal guardians have access to a patient's recent health information within 24 hours?

Hon. Theresa Oswald (Minister of Health): I thank the member opposite for the question. As the member knows, as members in the gallery would know and members of Manitoba know, The Personal Health Information Act was created and designed to not only deal specifically with privacy issues which, of course, are paramount to individuals in dealing with their very personal and intimate health records, but it is also about access. That act came into play in 1997 and part of the act was a requirement of a review process. That review process has taken place. It's been extensive. We are looking very closely at those recommendations, Mr. Speaker, and we have an intent to bring forward legislation in the upcoming session.

Mr. Gerrard: Mr. Speaker, the government has had seven years to address this issue and they have not. Clearly, somebody who is in hospital or in a personal care home needs quick access to their health information so they can be full participants in their own care and improve the quality and the type of care that they're receiving.

Indeed, I understand that the Patient Safety Advisory Council of the Winnipeg Regional Health Authority has also recently decided to support the principle of hospital patients gaining access to their own medical records within 24 hours.

Again, I ask the minister on this specific issue: Will the minister support our call to ensure that patients in hospital or their legal guardians have quick access within 24 hours to their health information, to their medical charts?

Ms. Oswald: Carrying on, Mr. Speaker, from where I left off, I would first take the opportunity to correct the member opposite when he suggests that nothing has been done. The review has been done, and the work that Manitobans and health professionals have done to adapt and modernize the act has been extensive. I really regret that the member opposite would suggest otherwise. [Does it take seven years to do a review? Why has the government not brought forward any legislation when there has been plenty of time to do so?]

But let me draw attention to a very important point, Mr. Speaker, and that is the act, as it is written, really does allow access to information as soon as possible and that it must be within 30 days. In fact, many patients who request this information already get that information within 24 hours. [But the fact remains that this is not consistent and it needs to be - there are too many peole who are not getting the information when they want it.]