The Request Process
Some custodians still allow patients to have access to their health records without making a formal request for access under the Health Information Act (HIA). A phone call or visit to the health records unit of the health care facility may allow you access to the information you need.
If the information you want is not available as a matter of routine, a formal request for access to information under the HIA may be necessary. At this point, you can speak to the responsible affiliate for the custodian. This person may suggest another avenue to you for obtaining the records or, if the formal process is the only option available to you, they can guide you in completing a request form. In the event that the custodian you are dealing with has not appointed someone to deal with HIA requests on their behalf, you should speak directly to the custodian.
The more specific your request, the more quickly and accurately it can be answered. The HIA generally requires custodians to respond within 30 calendar days of receiving your request.
The HIA allows custodians to charge fees for providing access to medical records. An initial $25.00 application fee must be paid at the time you make your request. This will cover things like pulling the health records from storage, removing staples, preparing the file and for copying. It also covers copying the first 20 pages of your records. If your request encompasses more than 20 pages of records, the custodian is allowed to charge a photocopying fee of $ 0.25 per page. They can also charge for things like reconstituting microfilm files, the time it takes for either the custodian or their staff to review and/or sever records and reproducing x-rays or audio-video recordings.
If a custodian believes that extra charges will apply, they must notify you in writing of what the charges will be and for what service. Once the custodian has notified you that extra charges will apply, you have 20 days to pay the required fees or the custodian can consider your request to be abandoned.
If you believe that the custodian is charging fees in excess of those allowed by the HIA, you can contact the Information and Privacy Commissioner to request a review.
The Health Information Act also allows custodians to waive all or part of a fee if they believe that it is fair to do so. One example of a situation in which custodians may waive fees is if the applicant cannot afford the fees. If you would like to request that a custodian waive the fees associated with your access request, you must make the request for a fee waiver directly to the custodian. They must respond to your request in writing in 30 days.
If you do not receive a response, or you are not satisfied with the response you receive, you may request that the Commissioner review the decision at that time.