Danielle Sharpe, a Toronto-based lawyer, and member of the Toronto Public Health council, was recently asked a very important question in an interview: What laws was the Ontario Capital Region responsible for passing last March, stating that the Department must provide “humane housing” to 100 individuals deemed HIV-positive by a local based clinic.
As a Toronto resident, and much more importantly, as a lesbian, I strongly support a great deal of legislation regarding homosexuality, but this is certainly one I have always been curious to know more about.
As a Toronto resident, and much more importantly, as a lesbian, I strongly support a great deal of legislation regarding homosexuality, but this is certainly one I have always been curious to know more about.
I first learned of this program when a friend of mine, who has lived here for years, gave me a link to an excellent article the Toronto Star ran earlier this year that highlights the guidelines for their COVID-19 program. The program was originally developed by Health Canada and recently came out of Toronto’s Capital Region, and uses HIPAA rules to protect the privacy of health information.
“HIPAA,” or the Health Insurance Portability and Accountability Act, was developed in the 1990s as a means of protecting federal health data from the general public. The law mandates that a number of reasons must be provided to the data controller, such as exemptions from the requirements of the law, and security measures that will increase the protection of the health information.
At first, I thought the following citation from the City of Toronto Health Code was talking about the program’s update to this region.
Changes to the H. . . . Program:
Allowations
Non-standard medical data
Allows for the transfer of information obtained from non-traditional sources to other Ontario clinics in cases where permanent and safe living conditions are found in non-standard homes
Ensures that the estimated numbers can be provided accurately, while also ensuring that the protected information provided under H. . . . can be obtained from alternative sources within the Capital Region
How many people are affected?
The estimated number of individuals affected is zero as no information is required to confirm the risk to persons that have acquired HIV.
What will be done with their data?
Currently the Capital Region cannot require a person under 18 years old to submit to an HIV test, even if they are regarded as at a higher risk. This is because the proposed amendment will only apply to individuals who are 19 years old or older who reside in the Capital Region.
Don’t you fear the unknown?
This information will help ensure appropriate test results for HIV.
How will these regulations affect businesses in the Capital Region?
Information will be shared with patients and other stakeholders in order to better understand best practices across the country. The same will be done for culturally sensitive communication about HIV; such as culturally appropriate communication that addresses factors that affect patient health.
There is a lot of concern and confusion surrounding this program, but hopefully Toronto Public Health’s decision not to adopt this strict policy across the board will save lives.