Thursday, 12 December 2024

Health Department breaking N.B. language law with MyHealthNB, commissioner finds

 
 

Health Department breaking N.B. language law with MyHealthNB, commissioner finds

2 anglophone patients could not access test results on platform in English, Shirley MacLean says

The New Brunswick Health Department is breaking the law with the MyHealthNB platform and is trying to use a disclaimer to get around its linguistic obligations, according to a new report from the province's official languages commissioner.

The MyHealthNB website and app allow patients to see lab test results and imaging reports, along with vaccination and medication records.

But there's "an egregious disconnect" between the information provided to patients and what's required of the department under the Official Languages Act, Shirley MacLean said Wednesday, following an investigation prompted by complaints from two anglophone patients.

The patients said they were unable to access some test results in their preferred language of English because they were available only in French, she said.

New Brunswick, the only officially bilingual province in Canada, has two health networks, each with its own internal language of work — Horizon in English and Vitalité in French. Both are obligated by law to provide their services to the public in both official languages, MacLean said.

The Department of Health appears to have attempted to "side step" its obligations and avoid complaints by using a disclaimer indicating some information on MyHealthNB is displayed only in the language of its originator, including regional hospitals, community pharmacies, and Public Health, she said.

WATCH | Health minister acknowledges breach of law: 
 

Languages commissioner slams Health Department

Shirley MacLean says the MyHealthNB platform violates the Official Languages Act, and a disclaimer doesn't change that.

MacLean's office launched its investigation in July and asked the department how MyHealthNB was evaluated or tested to ensure it complies with the province's language requirements.

The department replied: "Awareness of the risk of language complaints was brought to the MyHealthNB Steering Committee and the risk was accepted with the mitigations in place through the disclaimer and frequently asked questions for the information that is not available in both official languages," according to her report.

This "demonstrates a conscious effort to disregard these obligations," said MacLean, calling it "very disconcerting."

MyHealthNB offers services that are intended for the public. Therefore, all associated documentation and communications must be available in both official languages, "without delay or exception," she said.

Opting out not allowed

An institution can't "opt out" of its legal obligations to provide service of equal quality by using disclaimers.

"This creates a very dangerous precedent" and "equates to a regression of linguistic rights in New Brunswick."

It's important for New Brunswickers to be able to receive all government services in their language of choice, MacLean said, particularly when it comes to health services, when "we're in a situation of insecurity, potentially, or vulnerability."

One of the patients, who had medical images taken at a Vitalité hospital in early April, tried to copy and paste the results into Google Translate and learned they had two lumps, according to the translation, instead of the one lump their doctor had mentioned, the report said.

"This caused the complainant stress and anxiety, which would perhaps not have occurred had their medical test results been available in their language of choice."

The other patient, who filed a complaint in May, said MyHealthNB had English results for only one of "approximately six or eight" radiology tests conducted at a Vitalité hospital.

Because some information is not necessarily available in both languages, this creates "a significant disadvantage for members of both official linguistic communities," according to the report.

6 months to provide update on progress

MacLean recommends the department "immediately cease" the use of disclaimers and provide medical records only in the official language of the patient's choice.

In addition, she recommends the department provide an update within six months on its work to ensure all services and communications on MyHealthNB are available to all members of the public in the language of their choice.

The Department of Health is one of the largest, if not the largest, department of government responsible for delivering services to the public, she said. "As such, it is imperative that the department lead by example."

A portrait of a man with short dark, greying hair, wearing a dark suit, light collared shirt and dark tie, speaking. Heath Minister Dr. John Dornan said the department takes the commissioner's concerns 'very seriously.' (Ed Hunter/CBC)

Heath Minister Dr. John Dornan acknowledged the breach of law on Wednesday and said the department takes the commissioner's concerns "very seriously."

"Most" data on MyHealthNB is available in both languages, he said, describing the platform as a "very positive move forward" that allows patients to access their information in real time.

"However, consultants, for example, people that give their opinions as specialists, tend to dictate that in their language of choice. And sometimes there are patients that cannot read that or cannot understand that."

It's not an easy undertaking to get people to translate official medical documents.
- Dr. John Dornan, health minister

The department will see if it can make those reports available in both languages, said Dornan, but "it's not an easy undertaking to get people to translate official medical documents.

"We've had other challenges in the past," he said, without elaborating.

Asked if the six-month timeline will be possible, Dornan said he could not commit to that.

In the meantime, he said, patients should contact their primary care providers about results that aren't in their preferred language in order to avoid any potentially serious misunderstandings.

Vitalité did not respond to a request for comment, redirecting inquiries to the Department of Health.

With files from Jacques Poitras

 
 65 Comments

 
 
David Amos  
Oh My My Isn't this interesting news?  
 
 
 
Gerry Ford
This is totally unacceptable. someone need to be jailed.

Steph Roche
Reply to Gerry Ford
"jailed"

do you really think that?

Gerry Ford
Reply to Steph Roche
I thought this was a Quebec story.

David Amos
Reply to Gerry Ford
Close but no cigar



Bob Leeson
Wow, people in NB have a right to access to their own diagnostic results and images online? I wish we had that here in Ontario in any language, even if in Mandarin, Hindi, or Arabic. At least Google Translate works online.

David Amos
Content Deactivated

Reply to Bob Leeson
Why do you care about what happens down here?

MR Cain
Reply to Bob Leeson
It is a good idea. Problem is those who use it to self-diagnose, as it appears in this case. People must review it with their doctor.

Sam Carson
Reply to Bob Leeson
You can. If you go for any blood work or testing at life labs you can get the results sent to you. Also you can ask your doctor for a copy of any appointments you have with him or her.

Michael Samson
Reply to MR Cain
and if they don't?

MR Cain
Reply to Michael Samson
If they don't, what, ask their doctor? Then they don't know what is wrong or right or needs treatment or what treatment. sheesh

MR Cain
Reply to Michael Samson
Not very accessible.

Michael Samson

Reply to MR Cain
"People must review it with their doctor." And if they don't what is going to be done about it?? or were you just finger wagging ?

MR Cain

Reply to Michael Samson
What would you do about it?

Michael Samson
Reply to MR Cain
Nothing...it's none of my business what other people do medically.

a concept you have trouble understanding ?

MR Cain
Reply to Michael Samson
So who is wagging their finger now?

Michael Samson

Reply to MR Cain
Sorry. You are so adept at it I didn't think you would mind

MR Cain
Reply to Michael Samson
I see, looking for an argument that wasn't there. There is a term for that.

Michael Samson
Reply to MR Cain
a little self-critique on your part and you might realize what it is

MR Cain
Reply to Michael Samson
Spell it out; express yourself.

David Amos
Reply to MR Cain
Seems that only you are permitted to do such a thing



Robert Brannen

The issue may be due to the vendor partners.

MR Cain

Reply to Robert Brannen
Language translators are difficult to find, especially good ones, and are expensive. Large federal and provincial projects have had a number of costly issues in the contract documents differing in meaning.

David Amos
Reply to Robert Brannen
I doubt it



Fred Dee
2 people!!! Get over it This is not news. this province is wasting sooo much money to keep the minority happy!! Interesting to see they actually looked at an English complaint!!!

David Amos
Reply to Fred Dee
C'est Vrai

Sam Carson
Reply to Fred Dee
What do you call news?

Brett Wareham

Reply to Fred Dee
The minority who needs to access health services in a language they speak? That's most people, at some point.



Ronald Miller
The francophone complaint department actually gets complaint from anglophones? This is probably 1 of the 3 or 4 they get each year and thought they would publicize it to make it seem like they deal with each side on a regular basis. Had it been francophone complaint we could blame Higgs, when he is was not in the asphalt lab, he was creating policies around EV stations, pouring over every contract created in gov't, negotiating hotel fees, and of course making sure all reports are released in both languages.

Clive Gibbons
Reply to Ronald Miller
I am in a middle tier civil service position, and we felt Higgs' influence every single day.

Ronald Miller
Reply to Clive Gibbons
Sure ya did. I hear he influenced what people would make for dinner.

David Amos
Reply to Clive Gibbons
Of that I have no doubt

David Amos
Content Deactivated
Reply to Ronald Miller
I bet Higgy bought you lots of dinners on our dime

Clive Gibbons
Reply to Ronald Miller
Was in the room when he called a colleague of mine (same work setting) directly, to know what his priorities were for the day. We had seven people in the chain who should have been contacted first. Maybe it was just my shop, but I doubt it. Ask John Dornan.



Jimmy Cochrane
The bilingual experiment trundles along.

Alison Jackson
Content Deactivated

Reply to Jimmy Cochrane
Old man shakes his fist at the sky.

Clive Gibbons
Reply to Jimmy Cochrane
Agreed. Should be all French.

David Amos
Content Deactivated

Reply to Alison Jackson
I resemble that remark and I also ran against Higgy in his riding Correct?



Jimmy Cochrane
Talk about making a mountain out of a mole hill. Been using it for a while. Never had an issue as an Anglo.

Like always no context here.

There are bigger fish to fry than 2 people complaining about test results.

David Amos
Content Deactivated

Reply to Jimmy Cochrane
Methinks you fail to see the fun in this news item N'esy Pas?



Tyson McGee
When there are too many rules around providing services, those services are most often cut rather than amended.

David Amos
Reply to Tyson McGee
Usually on or about the 12th of Never



Robert Fish
2 people and it garners this much news? 2? I am sick of the ola. Read the room nb..majority rules.

David Amos
Reply to Robert Fish
Which majority?



JOhn D Bond
Completely unacceptable. It is their responsibility to provide them in both official languages.

Why is it that all the job posting demands bilingual skills as a prerequisite for a job and this language of the originator is somehow permitted.

They should produce these reports in both languages, if not how are they employed if they are not bilingual for a job that requires it?

David Amos
Content Deactivated

Reply to JOhn D Bond
Trust that many lawyers recall when I crossed paths with New Brunswick's latest languages commissioner when she worked for the Law Society in 2004

David Amos
Reply to JOhn D Bond
Go Figure



David Sampson
It’s time we started to hold senior bureaucrats accountable. This is simply inconceivable and the senior bureaucrats responsible ought to be severely punished.

Jack Bell
Reply to David Sampson
You mean fire people who don't do their jobs?

That only happens to people who make less than $100,000 a year.

David Sampson
Reply to Jack Bell
You might be right, sadly!

Don Corey
Reply to Jack Bell
It happened to Dornan, and he was generously given a cool $2 million when the dust had settled.

David Amos
Reply to David Sampson
Amen



Mack Leigh
Vitalite has been getting away with not providing patients reports and files in English for years..... Many, many friends have tried to get them from the Georges Dumont and have been told to get the documents translated themselves..... Enough of the double standard.

Jack Bell
Reply to Mack Leigh
We've gone there and the x-ray technician couldn't speak a word of English.

Eugene Peabody
Reply to Jack Bell
Maybe now you know what it is like for someone with another language trying to get help in a English only environment .

Jack Bell
Reply to Eugene Peabody
Could be worse, you could lose your job for not greeting the language commissioner in French.

"Doug Dickinson, 61, from Riverview received a letter May 5 from the Canadian Corps of Commissionaires stating he'd be "administratively removed" from his job effective June 3.

"I'm a 23-year veteran that served in Canada and overseas. I was good enough to serve in the military," said Dickinson.

https://www.cbc.ca/news/canada/new-brunswick/commissionaire-moncton-bilingual-language-1.3575899

Gilles Vienneau
Reply to Mack Leigh
Have you tried to get your patient report in French from any of Horizon's hospitals? It just doesn't happen.

MR Cain

Reply to Jack Bell
Still stuck in the past. These vets were with the Corp of Commissionaires; the failure was with the corps. They both can work elsewhere.

David Amos
Content Deactivated

Reply to Mack Leigh
Higgy is gone yet Vitalite still refuses to refund me for my health care expenses
ses

David Amos
Reply to Jack Bell
Bingo



Jimmy Cochrane
The majority of her complaints are from francophones ?

No way.

Marc Leger
Reply to Jimmy Cochrane
Where did you see that?

Jack Bell
Reply to Marc Leger
In the article, under the first picture.

David Amos
Reply to Jimmy Cochrane
C'est Vrai



Alex Butt
The money wasted in having two health care systems in a broke province is insanity at it's finrst! Instead of having one billingual system we waste hundreds of millions for a poor service for all.

David Amos
Reply to Alex Butt
I concur



tim smith
Can you imagine the uproar if this was the other way around?

David Amos
Reply to
Yup



Les Cooper
It's only news when french has issue.

Marc Leger

Reply to Les Cooper
Did you read the article?

Clive Gibbons
Reply to Marc Leger
I did, and it represents the typical francophone day for the last hundred years.

David Amos
Reply to Clive Gibbons
Yup
 
 
 
 
 
 
 
 
 

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