HO-009

• Complaint regarding fees charged by a health information custodian to provide a copy of the complainant’s record of personal health information to her.
• Sections 2 and 4 – definition of personal health information – records at issue are records of personal health information
• Section 3(1) – definition of health information custodian – the physician is a health information custodian.
• Section 54(11) – fee charged by the health information custodian exceeded “reasonable cost recovery”
• Section 54(11) – health information custodian was entitled to charge an amount that represented reasonable cost recovery. Fee was reduced.
• Section 54(12) – fee waiver – the health information custodian’s denial of a fee waiver was upheld.

        Related:          

McInerney v. MacDonald [1992] 2 S.C.R. 138 (SCC), Order MO-2154, Order H2005-002 (Alta. IPC), Report H-2006-001 (Sask. IPC), Commercial Alcohols Inc. v. Bruce Power, L.P. [2006] O.J. No. 322 (Ont. S.C.)

• PHIPA
• Section 2
• 1(b)
• 3(1)
• 4(1)
• 4(2)
• 52(1)
• 54(11)
• 54(12)

• reasonable cost recovery