PHIPA DECISION 160

A joint custodial parent complained about several aspects of the hospital’s decisions in response to his request for access to the health records of his two children, both of whom are under the age of eight. During the adjudication stage of the complaint, the other joint custodial parent for the children (the children’s mother) confirmed to the adjudicator that she does not consent to the father’s access request. As a result, it is not necessary to decide the various issues raised by the father about the hospital’s decisions. As one of two equally ranked substitute decision-makers for the children under the Personal Health Information Protection Act, 2004 (PHIPA), the father does not have an independent right under PHIPA to request access to the children’s health records over the objection of the children’s mother. The adjudicator dismisses the complaint on this basis.