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Release of Patient Information Fees Regulations

made under Section 17 of the
Hospitals Act
R.S.N.S. 1989, c. 208
O.I.C. 2004-106 (March 12, 2004, effective April 1, 2004), N.S. Reg. 28/2004

[Please note: Effective June 1, 2013, these regulations are replaced by the Personal Health Information Regulations, N.S. Reg. 217/2012]


Citation
1 These regulations may be cited as the Release of Patient Information Fees Regulations.

Definitions
2 In these regulations,

(a) "Act" means the Hospitals Act;

(b) "hospital" means a hospital as defined in clause 2(f) of the Act;

(c) "patient information" means a hospitalís records and particulars concerning a patient or former patient of the hospital;

(d) "police officer" means a member of the Royal Canadian Mounted Police or a member of a municipal police force.

Fees
3 A hospital is permitted to charge no more than the following fees for the release of patient information:

(a) for a request that can be answered by the hospitalís health record department with

(i) a computerized printout of a patient visit history, or

(ii) a letter indicating the hospital service for a specific period of time,

an administrative fee of $10.00; and

(b) for a request for a copy of a health record that exists in paper, microfiche or microfilm format

(i) an administrative fee of $50.00 per request for a particular patient, up to a maximum of $100.00 for any subsequent requests from the same origin for additional information in support of the original request, and

(ii) a reproduction fee of $10.00 for every 30 minutes or part thereof.

Subpoenas and orders for production
4 A request referred to in Section 3 includes a subpoena or an order for production pursuant to the Nova Scotia Civil Procedure Rules and is subject to the fees in clauses 3(a) and (b).

Viewing patient information
5 A request by a patient to view their patient information is not subject to a fee but if copies are requested as a result of the viewing, the fees in clause 3(b) apply.

Exemptions
6 The fees in Section 3 do not apply to

(a) a request from a Legal Aid (Nova Scotia) client;

(b) a request from an accused for the purposes of appearing before a Review Board pursuant to Section 672 of the Criminal Code (Canada);

(c) a request from a patient for the purposes of appearing before a review board pursuant to Section 63 of the Act;

(d) a request from the Workersí Compensation Board of Nova Scotia;

(e) a search warrant presented to a hospital by a police officer pursuant to Section 487 of the Criminal Code (Canada);

(f) a request by a police officer or probation officer who is entitled to patient information pursuant to a consent made under subsection 71(1) or (2) of the Act;

(g) a request from a health professional body created by statute that has been authorized by the Minister to access patient records pursuant to clause 71(5)(e) of the Act and that is using the information for the purposes of regulating the health profession;

(h) a request from a health professional who is licensed by a health professional body created by statute and who is entitled to patient information pursuant to a consent made under subsection 71(1) or (2) of the Act;

(i) a request from a district health authority that requires patient information in order to apply to a government department or agency on a patientís behalf for assistance for the patientís ongoing health care needs; or

(j) a request from a government department or agency that is conducting an assessment of a patientís ongoing health care needs at the request of a physician.

Taxes
7 The fees in Section 3 do not include any applicable taxes.