Proposed changes to sharing of personal health data sparks pushback at N.S. legislature

Proposed changes to the way personal health information is handled in Nova Scotia was the focus of debate during Friday's Question Period at the Province House.

Health Minister Michelle Thompson says the government wants patients to have easier access to their health records, but officials would collect broad data at the same time.

"I'm not looking for records, no minister of health is going to want those records," assured Thompson. "We want real-time aggregate data. I don't want people's personal health records."

Earlier this month the government tabled its “Financial Measures (2024) Act” and the proposed legislation includes amendments to the “Personal Health Information Act” with some significant changes.

The proposed amendments would mandate physicians to hand over personal health records to the minister of health or anyone acting on behalf of the health minister.

"For the purposes of planning and management of the health system, resource allocation and creating or maintaining electronic health record programs and services," says the clause.

Doctors Nova Scotia is on board with putting more health information into the hands of its patients but wants to see more guardrails put up to protect privacy rights and ensure the government isn't overstepping the boundaries set within the framework of doctor-patient confidentiality

"We think that it ultimately supports better health care but we are concerned about the broad nature of the legislation and how it's written now," says Dr. Colin Audain, an anesthesiologist and president of Doctors Nova Scotia.

Audain says the province's health minister has assured him they will work closely with them on the regulations.

Still, opposition MLAs say the amendment as written is going to create problems.

"We are hearing from doctors that this could create serious risks for them and their patients and this information is not required for the government to improve healthcare," said Nova Scotia Liberal leader Zach Churchill.

He argues the Houston government can already get the kind of health-care information they are looking for through access to provincial medical insurance billing data.

Thompson says they want that kind of data in real-time and says it will help the Department of Health and Wellness improve the overall health-care system.

"Ask me how many primary care visits there were in offices yesterday, I can't tell you that because I don't have a clear line of sight on that," said Thompson.

Claudia Chender, the leader of the Nova Scotia NDP warned the legislation needs to be clear-cut, and as it's written right now, equates to a breach of privacy.

Chender criticized the PCs for how they drafted the amendments to the “Personal Health Information Act” and put them within Bill 419, and a widespread piece of legislation called the “Finance Measurements (2024) Act.”

"What matters is what is written in this legislation," said Chender. "And the way that this legislation is drafted, in an omnibus bill, that luckily someone found this provision, gives the minister access to every Nova Scotian's very personal details that they share with their physicians. And I think they need to take that provision out."

The health minister says this is all part of modernizing the health-care system and says they'll ensure regulations are in place to protect personal health information.

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