Wait Times Guarantee Pilot Saint Elizabeth Health Care (SEHC) is working in partnership with the Assembly of Manitoba Chiefs (AMC) outlining a pilot project that will develop and deliver an effective health care approach for clients with diabetic foot ulcers, within the context of a wait time guarantee. A partnership between Saint Elizabeth Health Care and the Assembly of Manitoba Chiefs

PRIVACY LEGISLATION AND THE MUSTIMUHW HEALTH INFORMATION SYSTEM

LEGAL OPINION Applicability of federal and provincial privacy legislation Review of potential privacy related restrictions Analysis for transferred, non-transferred and integrated communities Recommendations

JURISDICTIONS FOR PRIVACY LEGISLATION FEDERAL-Constitutional Jurisdiction over matters of national concern-Privacy Act, Personal Information Protection and Electronic Documents Act PROVINCIAL-Constitutional Jurisdiction over property and civil rights-Privacy Act, Freedom of Information and Protection of Privacy Act, Personal Health Information Act FIRST NATIONS- Inherent right to self-governance and authority to enact own privacy laws and regulations

MUSTIMUHW HEALTH INFORMATION SYSTEM First Nations e-health record and program reporting owned by Cowichan Tribes Primary principle is recognition and acknowledgement that the FN is the steward of health information Health information is held for the benefit of the members of the FN The FN commits to protecting the privacy of the individuals and the community’s interests Consistent with the principles of FNs OCAP

CONSENT Consent is the basis of all privacy legislation, federal and provincial If a client consents to collection, use and disclosure of their personal information no other legal authority is required Consent may be expressed, written, or implied MHIS is based upon individual and community consent

APPLICABILITY OF LEGISLATION Neither the federal Privacy Act nor the PIPEDA applies to FNs collection, use and disclosure of personal health information related to their delivery of health services The Privacy Act applies only to federal government departments and agencies. All regulated health professionals must comply with Manitoba’s Personal Health Information Act

APPLICABILITY OF LEGISLATION Transferred and Integrated FNs implementing MHIS are not subject to any specific privacy legislation FN must exercise due diligence in the protection of personal information within its control FN PIA and MHIS Policies and Procedures ensure due diligence and ensures health professionals practice is consistent with PHIA MHIS provides protection for aggregate FNs data where the Privacy Act does not and cannot

APPLICABILITY OF LEGISLATION Where First Nations delivers health services and Health Canada employee assists in delivery of those services the Privacy Act does not apply Where Health Canada (FNIH) directly delivers health services they must comply with Privacy Act- can do so with MHIS Who controls the delivery of health services is the key

NON TRANSFERRED HEALTH SERVICES Project unable to implement Mustimuhw due to FNIH perception of privacy legislation obstacles Legal opinion states there are in fact no legal obstacles Justice Canada has concluded the same MHIS can comply with Privacy Act and meets provincial standards under PHIA Non transferred communities are being denied the ability to benefit from MHIS

RECOMMENDATIONS AND NEXT STEPS Review legal opinion with FNIHB Headquarters- Ottawa AMC continue to advocate and lobby Chief Donovan Fontaine- AFN Chiefs Committee on Health Legal Opinion to be provided to all participating communities