Complaint
We received two complaints about a doctor who was closing their practice and charging fees to transfer patient records to another clinic. The Complainants wanted to know whether the Custodian was allowed to charge these fees under the Health Information Privacy and Management Act (HIPMA).
Investigation
We investigated whether the fees charged aligned with custodian obligations under the HIPMA. In some circumstances HIPMA allows custodians to charge their patients fees to access their health records. However, the Act states that when a custodian is ending care, they must not charge fees for transferring an individual’s personal health information (PHI) to another custodian.
Decision
Non-compliant. The Custodian confirmed they would no longer be providing care to the individuals; therefore, the fees were not authorized under the HIPMA.
Recommendations
Accepted. The Custodian accepted our recommendation to release the Complainant’s PHI to the other custodian at no cost.