Privacy Policy
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Sifton Properties Limited
Suite 800, 195 Dufferin Avenue
London, ON N6A 1K7
Phone: (519) 434-1000
Fax: (519) 434-1009
Email:
Website: http://www.sifton.com
Careers with Sifton:
http://www.siftoncareers.com
PHIPA
POLICY
The facility supports and reflects Sifton Properties Limited (SPL) privacy initiatives and policy development under the direction of Senior Management, the Privacy Officers and the Steering Committee formed for this purpose.
DEFINITIONS
Attorney for Personal Care: means an attorney under a power of attorney for personal care made in accordance with the Substitute Decisions Act, 1992, pursuant to the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3 (hereinafter referred to as "PHIPA")
Attorney for Property: means an attorney under a continuing power of attorney for property made in accordance with the Substitute Decisions Act, 1992; pursuant to PHIPA.
Circle of Care: means a person or organization, whether a health information custodian or non-health information custodian within the meaning of PHIPA, that is directly or indirectly involved in the provision of care of the resident and the resident has provided express or implied consent to such provision of care by the person or organization.
Confidential Information: means all information, other than personal and personal health information, regarding a client, staff person, volunteer or the organization, that is seen, heard, obtained or observed.
Health Information Agent: in relation to a health information custodian, means a person that, with the authorization of the custodian, acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian, and not the agent's own purposes, whether or not the agent has the authority to bind the custodian, whether or not the agent is employed by the custodian and whether or not the agent is being remunerated; pursuant to PHIPA.
Health Information Custodian: (hereinafter referred to as "HIC") a person or organization described in one of the following paragraphs who has custody or control of personal health information as a result of or in connection with performing the person's or organization's powers or duties or the work described in the paragraph, if any:
A health care practitioner or a person who operates a group practice of health care practitioners.
A service provider within the meaning of the Long-Term Care Act, 1994 who provides a community service to which that Act applies.
A community care access corporation within the meaning of the Community Care Access Corporations Act, 2001.
A person who operates one of the following facilities, programs or services:
A hospital within the meaning of the Public Hospitals Act, a private hospital within the meaning of the Private Hospitals Act, a psychiatric facility within the meaning of the Mental Health Act, an institution within the meaning of the Mental Hospitals Act or an independent health facility within the meaning of the Independent Health Facilities Act.
An approved charitable home for the aged within the meaning of the Charitable Institutions Act, a placement co-ordinator described in subsection 9.6 (2) of that Act, a home or joint home within the meaning of the Homes for the Aged and Rest Homes Act, a placement co-ordinator described in subsection 18 (2) of that Act, a nursing home within the meaning of the Nursing Homes Act, a placement co-ordinator described in subsection 20.1 (2) of that Act or a care home within the meaning of the Residential Tenancies Act, 2006.
A pharmacy within the meaning of Part VI of the Drug and Pharmacies Regulation Act.
A laboratory or a specimen collection centre as defined in section 5 of the Laboratory and Specimen Collection Centre Licensing Act.
An ambulance service within the meaning of the Ambulance Act.
A home for special care within the meaning of the Homes for Special Care Act.
A centre, program or service for community health or mental health whose primary purpose is the provision of health care.
An evaluator within the meaning of the Health Care Consent Act, 1996 or an assessor within the meaning of the Substitute Decisions Act, 1992.
A medical officer of health or a board of health within the meaning of the Health Protection and Promotion Act.
The Minister, together with the Ministry of the Minister if the context so requires. Any other person prescribed as a health information custodian if the person has custody or control of personal health information as a result of or in connection with performing prescribed powers, duties or work or any prescribed class of such persons, pursuant to PHIPA.
Personal Health Information: means identifying information about a resident in oral or recorded form, if the information:
relates to the physical or mental health of the individual, including information that consists of the health history of the individual's family,
relates to the providing of health care to the individual, including the identification of a person as a provider of health care to the individual,
is a plan of service within the meaning of the Long-Term Care Act, 1994 for the individual,
relates to payments or eligibility for health care in respect of the individual,
relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any such body part or bodily substance,
is the individual's health number, or
identifies a resident's substitute decision-maker, as defined by the Personal Health Information Protection Act ("PHIPA").
Personal Information: means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization, as defined by the Personal Information Protection and Electronic Documents Act , 2000, c. 5 (hereinafter referred to as "PIPEDA").
Privacy: means the safeguarding of personal, personal health, and confidential information from access or disclosure of such information without authorization as such authorization is set out in this Privacy Policy and in accordance with applicable federal and provincial legislation.
SENIORS LIVING DIVISION
Each site is considered a health information custodian and the staff are considered health information agents under PHIPA.
COLLECTION AND USE OF PERSONAL INFORMATION
The purposes for collection of confidential, personal and personal health information include, but may not be limited to:
Making decisions about the types of services required by residents;
Providing appropriate direct resident care;
Communicating with other service providers and agents
Monitoring the provision of services and evaluating the resident's response to services provided;
Administering quality control and risk management programs;
Providing payment for health care, services or products;
Providing employee payroll, benefit and pension administration programs and other services; and
Meeting legal, and regulatory requirements
Persons collecting confidential, personal or personal health information will explain to the resident who is the subject of the information the purpose(s) for which the information is being collected, subject to applicable federal and provincial laws.
The confidential, personal or personal health information collected shall be limited to that which is necessary for the purposes identified by the facility, or as otherwise permitted by law.
CONSENT
Both PHIPA and PIPEDA require a resident's knowledgeable consent as defined in this Policy to collect, use or disclose the information.
Consent with respect to the collection, use or disclosure of confidential, personal or personal health information about an individual or the facility may be express or implied, except in the following circumstances:
Consent to the disclosure of personal health information about a resident must be express, and not implied, if,
the facility makes the disclosure to a person that is not a health information custodian; or
the facility makes the disclosure to another health information custodian and the disclosure is not for the purposes of providing health care or assisting in providing health care.
Who may consent
If the individual is capable of consenting to the collection, use or disclosure of the information,
the individual, or
any person who is capable of consenting, whom the individual has authorized in writing to act on his or her behalf and who, if a natural person, is at least 16 years of age.
If the individual is incapable of consenting to the collection, use or disclosure of the information, a person who is authorized under this policy.
If the individual is deceased, the deceased's estate trustee or the person who has assumed responsibility for the administration of the deceased's estate, if the estate does not have an estate trustee.
A person whom an Act of Ontario or Canada authorizes or requires to act on behalf of the individual.
Elements of consent: if this policy or applicable legislation requires the consent of a resident for the collection, use or disclosure of personal or personal health information by the facility, or on behalf of another HIC, the consent,
must be a consent of the resident;
must be knowledgeable;
must relate to the information; and
must not be obtained through deception or coercion.
Knowledgeable consent: consent to the collection, use or disclosure of personal health information about a resident is knowledgeable if it is reasonable in the circumstances to believe that the individual knows:
the purposes of the collection, use or disclosure, as the case may be; and
that the individual may give or withhold consent.