1. 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

2. PRIVACY LEGISLATION AND THE MUSTIMUHW HEALTH INFORMATION SYSTEM

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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