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

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

15 days ago

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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."

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.