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HomeMy WebLinkAboutThe Goderich Signal-Star, 1981-01-21, Page 6PAGE 6—GODERICHSIGNA4JTAR, WEDNESDAY, JANUARY 21.1981 crever report proposes 170 changes to- en BY JACK RIDDELL The report of the Ontario Royal Commission ap- pointed to investigate abuses in the disclosure of personal health recordS was released at the end of last year. After nearly three years of en- quiry, Mr. Justice Horace Krever of the Ontario Supreme Court some 170 legislative changes aimed atthe con- fidentiality on- fi " of health records while legalizing certain. forms of disclosure. Terms of reference of the commission, established in December 1977, called for a review of pertinent legisla- tion to ascertain whether n ma:A y of patients' records was being properly protected, and an investiga- tion into any improper ac- tivities or violations of the laws. • Il e c tln[sshm's- report confirmed the existence of widespread abuses, but ad- vised against prosecution of offenders, suggesting the real fault lies in the system. Judge Krever said that his review of. 77 statutes and regulations showed "no con- sistent treatment or. coherent poky regarding the confidentiality of health information", that he had found little in the way of restrictions on. access - to health records except, ironically, for the patients themselves: "In Ontario, patients have very limited rights of access to health information about themselves. Only six sWiges and regulations ex- pressly .confer such rights and the informationto which access�^A is granted is---- restricted m scope." The Krever Report pro- poses that patients be given a. qualified right of access to their own health records and a means of having errors in. those records corrected. A provincially appointed health commissioner could hear appeals for denial of such access on grounds it would harm die patient, and would also hear appeals against refusals to correct patients' records. Confiden- tiality could be protected by a host of new laws and rules to be followed by hospitals, government', agencies, health-care personnel, employers and others who possess health records. Recognizing that conflicts may develop ,.between the needs for privacy and public protection, the report does not actually ban disclosure. "There will be seen throughout the eternal con- flict between the obligation to, and the rights of, patients and the public's need for, or interest in, protection." Only one sanction is pro- posed for breaches of con- fidentiality and that is resort to the courts in the form of a lawsuit. The Report recom- mends that any patient whose health information has been disclosed be given the •"M" to sue for a minimum of $10,000 both the person "who unjustifiably discloses" the information and anyone who induced that pefson to make the disclosure. The main innovation would be the $10,000 minimum and the absence of a time limit for launching the lawsuit. At present, a suit for breach of a provin- cial statute is limitedto ac- tual damages suffered, and must be initiated within six months. Introducing his Report, Judge Krever says his en- quiry began as a modest study of provincial legisla- tion and administrative pro- cesses, but it soon became much more ambitious due to disclosures indicating the magnitude of abuses taking place. Although the Report includes sharp criticism of people and institutions, Judge Krever gives two reasons for recommending againsi:.any prosecutions. First of all, he wants atten- tion focused "on the need for future protection rather than on past behaviour" and secondly prosectuion would be seen as discriminatory, because "it is reasonably clear that those offenders whose activities came to our attention during the enquiry comprise only a fraction of those engaged in conduct of the same type". For example, certain lawyer were identified as involved in obtaining health information without pa- tients' consent. "It iskr>n, however, ft .. __.._ .. __.. _.- _ tel were not confined to the named lawyers but, on the contrary, extended throughout that part of the legal profession par- ticipating in personal injury litigation-" The second volume of the three volume, 1626 -page report, examines the role of police, both as occasional ap- plicants for health informa- tion and 'as regulators of private investigators- f t in- cludes sharp criticism of the role, played by the Roya! Canadian Mounted Police during the investigative hearings and a portrayal of the private»ve_stigation in- dustry in Ontario as 'out of control". In this connection, the report states that respon- ,YOU'LL DO BETTER AT A&P We reserve the right to limit quantities to normal family requirements! (ince:heath colififfeil ''''''''''''''''' sib.ility for regulating private eyes and security guards should stay with - the registration •branch of the Ontario Provincial Police but recommends the branch YOU'LL DO BETTER AT A .46 11— 1 m 0 0 0 J J M Prices effective thru Saturday, January 24th, 1981 be given more powers and personnel to carry out its mandate more effectively. Most of the recommenda- tions relating to the p,lice deal with procedures to be followed in providing health information to law enforce- ment agencies. the overall effect would be to allow the police continued access on presentation of search war - YOU'LL DO BETTER AT A&P SAVE 56? 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