G-1.021 - Act respecting the governance of the health and social services system

Section 82 Disposition versions

Not in force

Not in force

82. Santé Québec may itself assume the operations management of the national information filing system and of the registers referred to in section 78, or it may entrust all or part of that management to an operations manager.

Santé Québec or, if applicable, the operations manager must

(1)  put in place security measures suitable for ensuring the protection of information as well as its availability in a manner consistent with, as concerns health and social services information within the meaning of the Act respecting health and social services information (chapter R-22.1), the health and social services information governance rules referred to in section 90 of that Act and the special rules defined by the health and social services network information officer under section 97 of that Act; and

(2)  proactively monitor the national information filing system access logs.

When Santé Québec entrusts all or part of the operations management of the system or of a register to an operations manager, it enters into a written agreement with the operations manager, which agreement must, among other things, set out the obligations provided for in the second paragraph as well as the obligations

(1)  to send to Santé Québec, each year, an assessment report enabling it to, among other things, validate the security measures put in place and assess the efficiency and performance of the system as well as the benefits resulting from its establishment; and

(2)  to notify Santé Québec without delay of any confidentiality incident.

The agreement must also set out the cases and circumstances in which and conditions on which the operations manager may, after notifying Santé Québec, entrust to a third person, by mandate or by contract of enterprise or for services, all or part of the services dedicated to hosting, operating or using the national information filing system or a register under the manager’s management. In such a case, the manager must comply with sections 77 and 78 of the Act respecting health and social services information, with the necessary modifications.

2023, c. 34, s. 82.