Information & Privacy Practices.
Lesley Hoffman and her representative and agents (collectively referred to here as “we”, “us”, “our”) know that protecting the privacy of your personal health information is an essential part of providing high quality service. We believe clients should know what personal health information we collect, how we use it, to whom we disclose it and how we protect it. We are dedicated to dealing with your personal health information responsibly. We comply with the Personal Health Information Protection Act, 2004 (PHIPA) and all other applicable legislation.
PERSONAL HEALTH INFORMATION
Personal health information is information in any form that identifies you and that relates to your health and health care including your health history, health care programs and services, health care providers, substitute decision makers, health card number and other personal identification numbers. We do not collect, use or disclose more personal health information than is reasonably necessary to meet the purpose of the collection, use or disclosure, as the case may be.
YOUR CONSENT AND PERSONAL HEALTH INFORMATION
We will only collect, use and disclose your personal health information with your consent or as required or permitted by law. You may change your mind and withdraw this consent at any time by providing notice to us provided there are no legal requirements to prevent this.
HOW WE COLLECT PERSONAL HEALTH INFORMATION
We may collect personal health information directly from you. We may also collect personal health information about you from other sources if your consent has been obtained or if the law permits or requires the collection.
WHY WE COLLECT PERSONAL HEALTH INFORMATION
We collect personal health information for the purpose of providing social work services and mental health services (including counselling and psychotherapy services). We collect this information in order to plan for and provide service, for the purpose of obtaining payment or processing, monitoring, verifying or reimbursing claims for payment for the provision of services or related goods; for the administration and management of related business operations; for meeting related legal obligations; as otherwise permitted or required by law.
HOW WE USE PERSONAL HEALTH INFORMATION
We use personal health information for the purposes for which it was collected, specifically, for providing social work services and mental health services (including counselling and psychotherapy services). We collect this information in order to plan for and provide service, for the purpose of obtaining payment or processing, monitoring, verifying or reimbursing claims for payment for the provision of services or related goods; for the administration and management of related business operations; for meeting related legal obligations; and as otherwise permitted or required by law.
WHEN WE DISCLOSE YOUR PERSONAL HEALTH INFORMATION
We will not disclose your personal health information to anyone without your consent unless it is permitted or required by law. Some examples of circumstances in which we may legally share your personal health information without your consent include, but are not limited to:
CHILD PROTECTION: If we have information about a child in need of protection.
HARM TO SELF/OTHERS: If we have a concern about an imminent risk of suicide or serious bodily harm to yourself, or for the purpose of eliminating or reducing a significant risk of serious bodily harm to a person or
group of persons.COURT ORDER: If your records are subpoenaed or we are compelled to testify by court order.
SEXUAL ABUSE BY SOCIAL WORKER: If you report past or ongoing sexual abuse by a social worker or social service worker I am required to report this to their regulatory body.
COMPLAINT RESPONSE: If I must defend myself against a complaint filed with the Ontario College of Social Workers and Social Service Workers, other regulatory body, or any legal or court action.
HOW WE PROTECT PERSONAL HEALTH INFORMATION
We are committed to protecting the privacy, confidentiality and security of personal health information held in any form. We employ physical, organizational and technological safeguards to protect your personal health information against theft and loss, as well as unauthorized access, copying, modification, use, disclosure and disposal. We are aware of its sensitive nature and are trained in the appropriate use, disclosure and protection of your personal health information. We will ensure the amount and type of personal health information collected, used or disclosed is limited to that which is necessary to fulfill the purpose for which it was collected. We also require organizations that perform services or provide programs on our behalf to protect the privacy of your personal health information and to use such information only for the purposes you have consented to or that are permitted or required by law. Subject to certain exceptions, we will notify you at the first reasonable opportunity if your personal health information in our custody or control is stolen, lost or accessed by unauthorized persons.
YOUR RIGHT TO ACCESS AND CORRECT
With a few exceptions, you have the right to access or amend your personal health information. This means that you may request to read clinical notes in your file, ask for corrections to be made to factual information, and for a copy of your health information. In these cases, we will offer to review the clinical notes with you so we can help you understand any information that is not clear (e.g., short-forms, technical terms, etc.). Copies of your file will take time to provide; we will provide an estimate of the time frame and cost when your request is made. If we cannot give you access, we will advise you in writing within 30 days if possible, and will outline the reason, as best we can, as to why we cannot give you access.
ELECTRONIC COMMUNICATION OF PERSONAL HEALTH INFORMATION (E-MAIL)
We offer e-mail communication as a method of contact between yourself and us. We use e-mail for the purpose of scheduling appointments, appointment confirmations, appointment reminders, and for communication about fees and payment including to send invoices for services rendered. E-mail should not be used to discuss sensitive personal health information, such as that related to mental health. Therefore, we encourage you not to discuss such matters via e-mail.
E-mail is convenient and efficient; however, communicating by e-mail also encompasses risks that should also be considered. E-mail is not recognized as a secure form of communication. Risks of transmitting your information by e-mail include, but are not limited to, the following:
The privacy and security of e-mail communication cannot be guaranteed;
E-mail can introduce viruses into a computer system, and potentially damage or disrupt the computer;
E-mail can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the sender or recipient.
E-mail senders can misaddress an e-mail, resulting in it being sent to unintended and unknown recipients; and
E-mail creates a permanent record. Even after the sender and recipient have deleted their copies of the e-mail, back-up copies may exist on a computer or in cyberspace.
We will use reasonable means to protect the security and confidentiality of e-mail information sent and received. However, because of the risks outlined above, we cannot guarantee the security and confidentiality of e-mail communication.
Consent to the use of e-mail indicates your acknowledgement of the above and agreement with the following:
E-mails from you containing clinically relevant information may be made part of your clinical record;
We will make reasonable efforts to read and respond to e-mails promptly. However, we cannot guarantee that any particular e-mail will be read and responded to within any particular period of time. Therefore, e-mail should not be used for emergencies or other time-sensitive matters;
E-mail communication is not an appropriate substitute for treatment and counselling and psychotherapy services are not provided via e-mail; and
If your e-mail requests a response from us and you have not received a response within a reasonable time period, it is your responsibility to follow up to confirm we did indeed receive your e-mail.
VIRTUAL SERVICES (VIDEO AND TELEPHONE-BASED SERVICES)
We offer virtual services. Video services are offered through Jane App (Jane), a secure video and practice management platform for healthcare providers. Jane is compliant with Canadian and Ontario privacy laws. Virtual services require the use of a webcam or smartphone/tablet. A link to the virtual session will be provided by e-mail prior to the session. We highly recommend you test your video/audio settings the day before your session, and contact Jane’s tech support for assistance if needed. In the event of technical problems during your session, a back-up plan (e.g., a phone number where you can be reached) will be used to conduct the session or to reschedule it. We may elect to use a different video service platform (e.g. Sessions provided by Psychology Today) if Jane is unavailable.
Telephone-based services will involve your clinician contacting you by telephone at your scheduled appointment time. Please note that in some cases, the Caller ID may show up as “Unknown” or “Blocked”. We ask you to ensure you are available and can answer the call at the scheduled appointment time.
Virtual services are convenient. Engaging in counselling and psychotherapy using virtual services encompasses risks beyond those which exist when services are provided face-to-face. Please note the following rights and risks in using virtual services:
The laws and professional standards that apply to regular mental health services apply to virtual services.
There are exceptions to client confidentiality policies that exist for regular therapy; these also apply to virtual services. The exceptions are provided in the “WHEN WE DISCLOSE PERSONAL HEALTH INFORMATION” section of this document.
You have the right to withdraw your consent at any time. This may affect your ability to access continued services with us as in-person services are very limited.
We have the right, at any time, to determine if virtual services are not appropriate for your needs. Should this be determined, we will suggest alternative ways to access services, including supporting referrals to other service providers.
Despite best efforts to ensure high standards of technology, there is always a risk that services could be disrupted or distorted by unforeseen technical problems.
Consent to the use of virtual services indicates your acknowledgement of the above and agreement with the following conditions:
Confidentiality and related limits of confidentiality applies for virtual services, and the session will not be recorded by us or you without permission from the other person(s).
It is important to be in a quiet, private space that is free of distractions during the session.
It is important to use a secure internet connection rather than public/free Wi-Fi.
ELECTRONIC DOCUMENTATION
We use an electronic documentation platform called Jane App (Jane) for your clinical records and administrative records. Jane is a secure video and practice management platform for healthcare providers. Jane is compliant with data protection regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Personal Health Information Protection Act (PHIPA). PIPEDA is a Canadian federal privacy law, enacted in April of 2000, for private sector business. It sets rules for how businesses must handle personal data in the course of commercial activity. PHIPA is provincial legislation that protects the confidentiality and privacy of personal health information (PHI) by establishing rules for the collection, use, and disclosure of PHI during the provision of healthcare. To learn more about Jane’s security and privacy click here.
QUESTIONS AND COMPLAINTS
If you have any questions, concerns or complaints about our privacy practices, we encourage you to contact us:
Lesley Hoffman
Social Worker, Psychotherapist
M1 C13 Lake Temagami, Temagami, ON P0H 2H0
Tel: (705) 996-5030
Email: LesleyAnnHoffman@Gmail.Com
If we cannot satisfy or resolve your concerns, you have the right to file a complaint with the regulatory body governing social workers in Ontario:
The Ontario College of Social Workers and Social Service Workers
250 Bloor Street East, Suite 1000, Toronto, Ontario M4W 1E6
Tel: (416) 972-9882
Fax: (416) 972-1512
Web: www.ocswssw.org
You also have the right to complain to the Information and Privacy Commissioner of Ontario regarding privacy matters:
Information and Privacy Commissioner of Ontario
2 Bloor Street East, Suite 1400, Toronto, Ontario, M4W 1A8
Tel: (416) 326-3333 or (800) 387-0073
Fax: (416) 325-9195
Web: www.ipc.on.ca