The complainant sought a review of the hospital’s decision to deny her request for access to her deceased son’s hospital records, under the Personal Health Information Protection Act, 2004, because she was not authorized to exercise a right of access on the deceased’s behalf. The hospital exercised its discretion to disclose some of the deceased’s personal health information to the complainant – the circumstances of his death – as permitted by section 38(4)(b) of the Act.
The adjudicator determines that no review is warranted under sections 57(3) and 57(4)(a) of the Act because there are no reasonable grounds to review the complaint and the hospital has responded adequately to the complaint. The complainant has no right of access to her deceased son’s personal health information under the Act and she has received from the hospital the limited personal health information that may be disclosed without consent under section 38(4)(b) of the Act.