PHIPA DECISION 240

The complainant made a request under PHIPA for access to her medical records in the possession of a named physician, who is a relative of the complainant. The physician released several records to the complainant, but denies that she held those records in the capacity of a health care provider to the complainant. The complainant filed a PHIPA complaint against the physician based on a belief that the physician has additional records to which the complainant has a right of access under PHIPA.
In this decision, the adjudicator concludes that the physician is not governed by PHIPA in respect of the records the complainant seeks; accordingly, there is no right of access under PHIPA to such records if they exist. As there are no reasonable grounds to review the matter under PHIPA, the adjudicator dismisses the complaint.