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Model Clause on Privacy and Personal Health Information

1
Members have a right to privacy.  Although the administration of the collective agreement will sometimes require that medical information and opinion be provided, the employer agrees to limit access to such information, to ensure that such information is treated confidentially, and to adopt procedures which ensure that the rights of individuals to privacy are not violated.

2
The employer shall not request nor shall health professionals or expert consultants provide the details of an individual health condition beyond that needed to ensure proper administration of the collective agreement.

3
When the collective agreement requires verification of a health condition the employer shall rely in the first instance on the opinion of the member’s health professional as provided by the member.

4
The member’s health professional who provides the employer with a report or opinion under the terms of the collective agreement shall restrict that report or opinion to the existence of a health condition.

5
Should the employer seek a second opinion under the terms of the collective agreement the health professional chosen and approved by the member shall have reasonable access to all relevant medical information, shall ensure that this information remains confidential, and shall restrict any subsequent report or opinion to the existence of a health condition. The employer shall assume all costs associated with seeking a second opinion.

6
No further medical opinion may be sought without reasonable grounds.

7
Any medical information concerning a member received by the employer will be available to the association upon request.

8
Any external health insurer providing coverage for benefits mandated under the collective agreement shall comply with the privacy standards established in the collective agreement and with standards as set out in Schedule I of the Personal Information Protection and Electronic Documents Act and any applicable provincial legislation.