Privacy Principles Applies After Death

Privacy Principles Applies After Death

 

Privacy Principles Applies After Death

Are your staff looking at medical records when they shouldn’t be?

Many people have the mistaken impression they can look at a patient’s medical records as long as they don’t tell anyone else.

It’s not okay.

We continue to see examples of snooping where both seasoned and new healthcare providers and support staff don’t realize that looking at patient’s health information—even with good intentions—is a serious privacy violation.

As privacy lawyer Kate Dewhirst puts it

  • Privacy = Don’t look
  • Confidentiality = Don’t tell

Despite years of experience, many healthcare professionals still need a refresher on the basics. Privacy awareness training remains essential.

In this article, I am sharing an example of the Ontario’s Information Privacy Commissioner (IPC). This case involves a privacy complaint submitted by the family of a deceased individual. It’s a good reminder that whether you’re running a brand-new clinic or managing an established practice, it’s critical to understand your legal responsibilities and have systems in place to protect patient information.

What Happened

In 2014, a physician accessed a deceased patient’s health records while acting in his role as a coroner. The patient was also a family member. Soon after, the family alleged that the physician continued to access the individual’s personal health information (PHI) contrary to Ontario’s Personal Health Information Protection Act (PHIPA).

The family submitted a complaint to the hospital. Initially, the hospital’s response did not satisfy the family. The family filed a complaint to the Information and Privacy Commissioner (IPC) of Ontario.

The IPC started a complaint investigation.

privacy principles after death privacy breach incident scenario diagram

Privacy Complaint Investigation

Under PHIPA, the hospital is a health information custodian and the physician is an agent of the hospital.

During the IPC investigation, the physician admitted he “accessed the health information in response to his concern about the individual’s well-being.”

“I know now that proceeding in this way was misguided and wrong.” He would never disclose the information to anyone; that would be a violation of patient privacy and a breach of doctor – patient confidentiality.

He acknowledged he misunderstood the difference between:

• Privacy: The general right of every individual (living or deceased) to limit access to their health information.
• Confidentiality: The duty to not share that information once accessed.
• Circle of care / Need to know: You must only access information required to provide care at that moment.

4 Step Response Plan

When you have a privacy breach, follow these four steps to manage the privacy breach incident.

Step 1 – Spot and Stop the Breach

The family’s complaint prompted the hospital to begin the first step to spot and stop the breach.

Step 2 – Evaluate the Risks

An initial risk assessment was conducted, and after the IPC got involved, the hospital re-opened the investigation. They completed a comprehensive review and used audit log reporting tools to trace access.

Step 3 – Notify

The hospital eventually informed the family of the privacy breach—but the notification wasn’t timely. A more thorough and timely response could have helped address the family’s concerns more effectively.

Step 4 – Prevent the Breach From Happening Again

Following the breach, the hospital implemented several improvements:

  • Introduced a new auditing program that enhances its ability to detect unauthorized access.
  • Updated its Privacy and Confidentiality Policy, which applies to all agents of the hospital.
  • Launched mandatory annual electronic privacy training program for all staff, volunteers and learners. Physicians must complete this training as part of the annual reappointment process.
  • Strengthened the privacy warning on its electronic system, which warns users that unauthorized use of personal health information may result in disciplinary action.

privacy principles after death sanctions

The hospital’s Medical Advisory Committee also recommended disciplinary actions:

  • A three-month suspension of the physician’s hospital privileges
  • Three years of enhanced monitoring of his access to patient records
  • A requirement to present at Grand Rounds on privacy topics upon his return

The IPC concluded that the disciplinary consequences for the physician were sufficient in the circumstances.

Privacy Breach Nuggets You Need to Know

Privacy breaches are in the news every day. Here’s how you can be proactive to prevent privacy breach pain.

  • Go beyond policies—model good practices
  • Use real-life examples in staff meetings
  • Incorporate gamification and ongoing discussions to engage your team

Privacy awareness is everyone’s responsibility. Make sure your staff know what’s expected, what’s at risk, and what to do if something goes wrong.

If you need to start or update your privacy awareness training program, check out the on-line education Privacy Awareness in Healthcare: Essentials.

When we know better, we can do better…

I’ve helped hundreds of healthcare practices prevent privacy breach pain like this. If you would like to discuss how I can help your practice, just send me an email. I am here to help you protect your practice.

PRIVACY BREACH NUGGETS are provided to help you add a ‘nugget’ to your privacy education program. Share these with your staff and patients as a newsletter, poster, or staff meeting.

Jean L. Eaton, Your Practical Privacy Coach

References and Resources

Dewhirst, Kate. After Death: Who Can Access The Records Of A Patient After Death? May 7, 2019. https://katedewhirst.com/blog/2019/05/07/after-death-who-can-access-the-records-of-a-patient-after-death/

Ontario Information and Privacy Commissioner IPC Investigation Report PHIPA DECISION 74 HC15-4 Sault Area Hospital August 10, 2018.

Does AI Take Your Data? AI and Data Privacy

Does AI Take Your Data? AI and Data Privacy

 

Does AI Take Your Data? AI and Data Privacy

Generative AI, including platforms like ChatGPT, DALL-E, Google Gemini, Apple Intelligence, has revolutionized our relationship with technology. Maybe these tools have completely changed how you work and engage with the internet. There seems to be endless ways to use these platforms, many of which are called large language models (LLMs). These chatbots can assist with brainstorming, writing, and even coding—but they also can be significant risks when used carelessly. One of the biggest concerns? Employees inadvertently exposing sensitive company information.

The National Cybersecurity Alliance 2024 Oh Behave report found that 65% of us are concerned about AI-related cybercrime, and most people (55%) haven’t received any training about using AI securely. For AI Fools Week, let’s change that! #AIFools

First and foremost, when you’re using an AI tool, think about what you’re sharing and how it could be used.

Generative AI

 

Think intelligent about AI

AI models process and store data differently than traditional software. Public AI platforms often retain input data for training purposes, meaning that anything you share could be used to refine future responses—or worse, inadvertently exposed to other users.

Here are the major risks of entering sensitive data into public AI platforms:

  • Exposure of private company data – Proprietary company data, such as project details, strategies, software code, and unpublished research, could be retained and influence future AI outputs.
  • Confidential customer information – Personal data or client records should never be entered, as this could lead to privacy violations and legal repercussions.

Many AI platforms allow you to toggle off the use of what you enter for training data, but you shouldn’t trust that as an ultimate failsafe. Think of AI platforms as social media: if you wouldn’t post it, don’t enter it into AI.

Check Before You Use AI At Work

Before integrating AI tools into your workflow, take these critical steps:

  1. Review company AI policies – Many organizations now have policies governing AI use. Check whether your company allows employees to use AI and under what conditions.
  2. See if your company has a private AI platform – Many businesses, especially large corporations, now have internal AI tools that offer greater security and prevent data from being shared with third-party services.
  3. Understand data retention and privacy policies – If you use public AI platforms, review their terms of service to understand how your data is stored and used. Specifically look at their data retention and data use policies.

How To Protect Your Data While Using AI

If you’re going to use AI, use it safely!

  • Stick to secure, company-approved AI tools at work – If your organization provides an internal AI solution, use it instead of public alternatives. If your workplace isn’t there yet, check with your supervisor about what you should do.
  • Think before you click – Treat AI interactions like public forums. Don’t enter information into a chatbot if you wouldn’t share it in a press release or post it on social media.
  • Use vague or generic inputs – Instead of inputting confidential information, use general, nonspecific questions as your prompt.
  • Protect your AI account with strong passwords and MFA – Protect your AI accounts like all your other ones: use a unique, complex, and long password (at least 16 characters). Enable multi-factor authentication (MFA), which will add another solid layer of protection.

Increase your AI IQ

Generative AI is powerful! But you are wise. Use AI intelligently, especially when sensitive data is involved. By being mindful of what you share, following company policies, and prioritizing security, you can benefit from AI without putting your company at risk.

 
Medical Secretary Fined for Unauthorized Access And Disclosure to Health Information

Medical Secretary Fined for Unauthorized Access And Disclosure to Health Information

Medical Secretary Fined for Unauthorized Access And Disclosure

Privacy Breach Nugget
Ever wonder how privacy breaches happen—and what you can do to stop them? Privacy Breach Nuggets takes real cases and turns them into practical lessons for privacy officers, clinics, and healthcare practices. Let’s unpack today’s case and explore what went wrong, what worked, and how you can apply these insights to protect patient information.

What Happened

In 2020, a medical secretary working at the University of Alberta Hospital in Edmonton, Alberta, accessed the health information of 17 individuals without any legitimate job-related reason.

The individuals whose information was accessed had personal relationships with the secretary. She went a step further by disclosing sensitive health information about two of them—including infectious disease details—to others who had no reason to know this information.

One of the individuals experienced harassment through text messages as a direct result of this disclosure.

Managing the Breach

The management of the privacy breach can be examined using the 4 Step Response Plan.

unauthorized breach

Step 1 – Spot and Stop

When a privacy incident is suspected, the first priority is to stop the unauthorized access. It would be appropriate to immediately suspend the employee’s access to health information systems like ConnectCare and Netcare.

If you suspect a privacy breach, don’t wait—report it to your Privacy Officer and Custodian right away.

Step 2 – Investigate

Alberta Health Services (AHS) completed an internal investigation including auditing the employee’s system activity.

The investigation assessed the “real risk of significant harm” (RROSH). This case is a stark reminder of how improper access and disclosure of health information can lead to serious harm.

Step 3 – Notify

In Alberta, custodians like physicians and healthcare organizations are legally required to notify:

• The Office of the Information and Privacy Commissioner (OIPC). (See Guide to Reporting Privacy Breaches)
• The Alberta Minister of Health.
• The affected patients whose personal health information was improperly accessed or disclosed.

Additional notifications may include law enforcement, insurers, or other stakeholders depending on the situation.

Step 4 –Prevent the Breach from Happening Again

Proactive prevention is key to prevent breaches like this. Here’s how:

• Conduct regular privacy training to keep privacy awareness top of mind.
• Maintain a privacy incident log to spot trends and address recurring issues.
• Implement and enforce privacy-monitoring practices to detect and deter snooping.

Diane McLeod, Alberta’s Privacy Commissioner, highlighted an “alarming rise” in snooping incidents in health information systems. The OIPC’s 2023-2024 Annual Report revealed 14 potential breaches of the Health Information Act investigated by the Commissioner’s office, with hundreds more reported.

Commissioner’s Investigation

The OIPC has implemented a process to focus on high-priority breaches. Following its investigation, the Commissioner recommended charges under the Health Information Act (HIA).

Court’s Decision

In February 2025, the court sentenced the medical secretary, Kayla Satre, to a $2,000 fine for unauthorized access to health information, violating the HIA.

However, the Crown Attorney withdrew charges related to the unauthorized disclosure of health information.

Take-Aways

Snooping is the unauthorized access to health information. This remains a persistent issue in healthcare. Here’s what you can do:

• Educate and remind your team regularly about the importance of patient privacy.
• Monitor system access proactively to detect and stop unauthorized activity.
• Share real-world examples like this one to drive home the importance of privacy compliance.

Protecting patient information isn’t just about compliance—it’s about trust. Share this example with your team and make privacy a daily priority!

Reference and Resources

Office of the Information and Privacy Commissioner of Alberta. Former Alberta Health Services employee fined for unauthorized disclosure of health information, February 6, 2025. https://oipc.ab.ca/former-alberta-health-services-employee-fined-for-unauthorized-disclosure-of-health-information/

You May Also Be Interested In

3rd Largest Fine Ever Under the HIA – Blog post on the unauthorized use of health information that led to costly fines
3 Parts to Every Privacy Awareness Training Plan

3 Parts to Every Privacy Awareness Training Plan

Reasonable Safeguards – the Myth

You may have heard the myth that the Health Information Act (HIA) is a big scary thing that will interrupt your routine, rob you of countless billable hours, impact all of your staff, turn your office inside out, and change the way that you run your entire business!

Myth Buster

The HIA provides structure and framework for reasonable safeguards that apply to any healthcare business.

One of the requirements of reasonable safeguards includes having a privacy awareness training plan.

Click the >> arrow to play the video

Privacy Awareness Training

Your Privacy Awareness Training Plan should include learning objectives throughout the year, including

  • Orientation – Standardized training curriculum provided to everyone in you healthcare practice at the time of employment. This is often included during a new employee’s orientation period.
  • Specific – Privacy training that is more detailed and specific to the roles and responsibilities of that individual’s job in your healthcare practice. There may also be specific training when new software, technology, or procedures are introduced anytime throughout the employment.
  • Reward – Keep privacy awareness top of mind all year long. Recognize and reward when individuals follow privacy principles that also add value to your client satisfaction or business efficiency.

It is reasonable to expect regular privacy awareness training, especially at orientation, and a formal review annually.

What a Privacy Awareness Training Plan Can Do For You

When you implement regular privacy awareness training, you will see:

  • Privacy and security expectations clearly communicated among your team.
  • Team members demonstrate their commitment to privacy, confidentiality, security of personal health information.
  • Efficient practices that protect the privacy and save you time and money
  • Team members confidently and correctly handle personal health information using reasonable safeguards

Are You a Myth-Buster?

You can be a myth-buster, too, and implement privacy awareness training in your healthcare practice.

You can easily implement reasonable safeguards and meet HIA requirements to ensure privacy, confidentiality, and security of health information that saves you time, frustration and money.

If you need a little help, I have written a practical privacy awareness training course designed for the community health care practice. This is ideal for orientation of new employees and a refresher for the rest of us.

Privacy Awareness in Healthcare: Essentials

Understand basic health care privacy principles and how to handle personal information, use safeguards, and recognize and report a privacy breach.

Ideal for community-based health care professionals and staff, direct care providers, or anyone working with a health care, dental, or social services organization.

An effective privacy compliance program promotes organizational adherence to the Health Information Act (HIA), Personal Information Protection Act (PIPA) Alberta, Personal Health Information Protection Act (PHIPA) Ontario and the Personal Information Protection of Electronic Documents Act (PIPEDA) requirements. A compliance program is your first line of defense to promote the prevention of criminal conduct, and enforce government rules and regulations, while providing quality care to patients. All three training products help protect practices against privacy and security breaches, improper payments, fraud and abuse, and other potential liability areas through education.

Canadian Health Care Privacy Training Solutions

Corridor’s online training makes it easy for health care organizations to comply with provincial and federal legislation that mandates regular privacy training for all health care providers, staff, and vendors.

Select the training that best fits your needs:

NEW! Privacy Awareness in Healthcare Training: Dental Practices – Alberta

Dentists and dental practices in Alberta are required to have an ongoing privacy program to ensure the protection of private records and patient information. The appropriate collection, use, and disclosure of personal information is critical to maintaining privacy for patients that choose to trust in your practice. Accomplishing this important goal demands an up-to-date training strategy.

Privacy Awareness in Health Care Training – Canada

Includes detailed resources for each province and territory with key terminology and links to applicable privacy legislation. Resources are provided for our ten provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, and three territories: Northwest Territories, Nunavut and Yukon. This new product is ideal for both organizations and vendors who provide health care services or have health care clients in more than one province.

Privacy Awareness in Health Care Training – Alberta 

Includes the mandatory privacy breach notification amendments to the Health Information Act (HIA).

Privacy Awareness in Health Care Training – Ontario

Specifically covers all legislation and rules specific to the province of Ontario including the Personal Health Information Protection Act (PHIPA).

Refresher: Privacy Awareness in Health Care – Alberta

A quiz-based review of Corridor’s full Privacy Awareness course. The Refresher starts with an initial quiz to assess knowledge on the topics and information covered in the full course. Based on the quiz results, one or more of eight Refresher topic quizzes must be completed, each focusing on a specific subject area. The Refresher also includes access to the original course content.

 

Privacy Awareness in Healthcare: Essentials

Grab your on-line course from Information Managers and Corridor Interactive

for just $30 per individual 3 month subscription now!

3rd Largest Fine Ever Under the HIA

3rd Largest Fine Ever Under the HIA

3rd Largest Fine Ever Under the HIA

Ever wonder how privacy breaches happen—and what you can do to stop them? Privacy Breach Nuggets takes real cases and turns them into practical lessons for privacy officers, clinics, and healthcare practices. Let’s dive into today’s case and explore what went wrong, what worked, and how you can apply these insights to protect patient information.

What Happened

An employee who had access to personal health information (PHI) had unauthorized use and altered the PHI. The employer discovered the unauthorized access and conducted an internal investigation. Subsequently, the employer reported the privacy breach to the Office of the Information and Privacy Commissioner as required under the Alberta Health Information Act (HIA).

The Alberta OIPC charged an individual with falsifying COVID-19 immunization records of nearly 200 people from September to November 2021 while they were employed in an administrative support staff role at Alberta Health Services (AHS). The false information was entered into the health information system which feeds into the Alberta Health Immunization record system.

Commissioner’s Investigation

The OIPC opened an offence investigation in June 2023. in March 2024, the OIPC recommended charges under the HIA.

In December 2024, Justice Mah of the Alberta Court of Justice sentenced Hind Mahmoud Dabash to a fine of $12,000 for the offence of knowingly using and creating health information in contravention of the HIA.

The other charge, of knowingly gaining access to the health information of 199 members of the public, was withdrawn.

Take-Aways

The custodian, AHS, was able to monitor and investigate the users’ actions in the electronic medical record systems. This capability is a requirement of health information systems and is a deterrent to individuals to access and alter PHI.

This case is unusual because the employee altered or changed the results of the immunization records which could have resulted in inaccurate diagnosis and treatment decisions for the individual and their families and contacts.

Regular privacy awareness training and monitoring of user activity audit log and supervision are essential steps to prevent and detect the unauthorized use of health information.

Reference

Alberta OIPC News Release December 19, 2024.  https://oipc.ab.ca/court-case-concludes-in-sentencing-for-offence-under-health-information-act/ 

You May Also Be Interested In

5 New Year’s Resolutions for Privacy Officers and Clinic Managers

5 New Year’s Resolutions for Privacy Officers and Clinic Managers

Why Privacy Resolutions Matter for the New Year

The start of a new year is the perfect time for clinic managers and privacy officers to reflect, reset, and refocus their efforts on safeguarding patient information. Just as individuals set personal goals for growth, healthcare organizations benefit from creating resolutions to strengthen their privacy practices. With evolving regulations, new technologies, and the ever-present risk of breaches, a proactive approach ensures your clinic stays ahead of potential challenges. These five New Year’s Resolutions will help you prioritize compliance, reduce risks, and foster a culture of privacy and accountability in your practice.

1. Review Your Clinic Description and Privacy Impact Assessment (PIA)

Start by assessing your clinic’s current operations and comparing them to your original plans. Are they still aligned, or have new challenges or opportunities arisen? Consider the following:

  • Are there any new initiatives or technologies your clinic is planning to implement this year?
  • Are there upcoming changes in personnel, stakeholders, or organizational structure?
  • Have there been any recent or anticipated legislative updates that could impact your privacy practices?
  • Identify updates that need documentation and determine if you need to notify the Office of the Information and Privacy Commissioner (OIPC).

Regularly updating your PIA ensures your clinic stays compliant, prepared, and aligned with its goals.

If you haven’t completed a PIA, make it a top priority this year! A PIA ensures compliance and protects your patients and organization.

Tip: Check out the December 2024 Q&A With Jean for the ‘Annual Review Checklist’ template to help you right away!

 

2. Monitor Privacy Breaches and Annual Trends

Take a close look at the privacy breaches and near misses from the past year. What patterns or trends stand out? Are there recurring issues, such as faxes being sent to the wrong number or patient forms being given to the wrong person?

It’s time to evaluate your current approach. If reminders to “be more careful” haven’t reduced these incidents, it’s a sign that a new strategy is needed. Process changes, additional staff training, or implementing new tools might be necessary to achieve better results.

Action Step: If you don’t already have a privacy breach reporting tool to provide a clear summary of all breaches at a glance, make it a priority to implement one now. Use this tool to document trends, analyze recurring issues, and develop actionable solutions to discuss during staff meetings.

 

3. Privacy Awareness Training for Everyone!

Recent decisions, such as Ontario IPC’s PHIPA Decision 260, highlight the importance of mandatory Privacy Awareness Training (PAW) training for all staff, including physicians.

Ensure your organization not only mandates this training but also enforces compliance. Accountability starts at the top.

Case Study: In Decision 260, a hospital faced repercussions when a physician accessed 1,400 patient records without proper authorization due to lack of enforced PAW training. How do you ensure that every employee and healthcare provider receive PAW training at your practice?

4. Plan for Succession

Every business owner needs a plan to ensure that there is a plan to continue or close their business if there is a sudden inability of the owner to do their job.

Custodians must designate a successor to ensure patients maintain access to their records in case of sudden changes. Naming a successor custodian who will advocate for and ensure the proper access and retention of patient records is a requirement of professional standards of practice and good business sense.

Clinic managers should know who the designated custodian is and ensure there’s a written agreement in place.

Thought Experiment: Succession planning is critical for privacy officers and clinic managers, too! Who will take over your role if you win the lottery tomorrow? Develop a training plan for your protégé. Check out the upcoming Practical Privacy Officer Strategies training.

5. Review Your Technology Stack

Recent outages like Microsoft 365 or platform closures (e.g., Bench) highlight the importance of contingency planning.

A technology stack inventory includes a listing of your data holdings and software and hardware vendors that you use in your business.

Include the vendor contact details and backup plans for service disruptions.

Ensure that you have written agreements for each service and appropriate access, security, and retention for PHI.

Conduct a risk assessment of the technology that you implement in your business to evaluate the impact of downtime on your clinic. The higher the risk, the more important it is to have a business continuity plan.

Bonus: Email me for a free Technology Stack template to get started!

Schedule these activities into your calendar to prompt you to dedicate time to complete your resolutions. They are not difficult and will contribute to privacy compliance in your practice.

Need some help with your privacy compliance? Join our Practice Management Success Membership for templates, guides, and expert support to make 2025 your best year yet!

 
Jean Eaton Informationmanagers.ca

When we know better, we can do better…

Jean Eaton is constructively obsessive about privacy, confidentiality, and security especially when it comes to the handling of personal health information. If you would like to discuss how I can help your practice, just send me an email. I am here to help you. Jean L. Eaton Your Practical Privacy Coach INFORMATION MANAGERS

Is AI the Right Fit for Your Clinic? Key Considerations Before You Implement

Is AI the Right Fit for Your Clinic? Key Considerations Before You Implement

Is AI the Right Fit for Your Clinic? Key Considerations Before You Implement

AI tools, like transcription apps, are revolutionizing healthcare by speeding up processes and reducing tedious tasks. But before diving in, it’s critical to ask: Is this the right choice for your clinic? A game plan is essential to assess risks, outline goals, and document decisions. Here’s what you need to know.

Essential Steps to Evaluate AI for Your Clinic

When introducing AI into your clinic, following a structured process ensures thoughtful decision-making and minimizes potential risks. Clinic managers are telling me that their docs quickly download AI apps to their phone and start dictating clinic notes. Then they want a way to upload these into their electronic medical records (EMR).

As the clinic manager or privacy officer, you need to pause and consider the privacy and security implications. Here are 6 steps to help you evaluate AI for your clinic.

Icon 1. Define Your Goals: What do you want the AI tool to achieve? Faster clinic notes? Accurate referral letters?
Icon 2. Vet the Vendor: Assess their track record, security measures, and support.
Icon 3. Understand the Workflow: Choose between local storage or cloud hosting. Start with a small-scale pilot.
Icon 4. Conduct a Risk Assessment: Examine privacy, security, and compliance risks.
icon 5. Update Policies and Procedures: Ensure staff are trained and patients informed.
icon monitor 6. Monitor to Ensure Accuracy, Efficiency, and Compliance: Regularly review your users and the AI tool performance and adjust workflows as needed.

 

The Role of AI in Clinics

Artificial intelligence mimics human actions to process information and assist decision-making. However, it’s crucial to remember that AI tools complement human judgment—they don’t replace it. For example, when assessing AI for transcription, keep in mind:

  • Hardware, Software, and Data: AI apps rely on all three. Ensure you understand where data will be stored and processed.
  • Integration: Will the tool integrate seamlessly with your EMR, or will you need to adapt workflows?

Transcription Workflow Scenarios to Consider

Trending AI projects in healthcare include using AI to assist with the generating clinic notes. Two common workflows for AI transcription tools are:

  1. Local Processing: Dictations are transcribed directly on your device. Data doesn’t leave your clinic, but users must delete files after processing to avoid breaches.
  2. Cloud-Based Systems: The tool listens during patient consultations, processes data in the cloud, and generates a text document which is uploaded to your EMR.

Anticipate how you will integrate the tool into your practice. Consider the following questions.

  • Accuracy: Who will review the transcribed reports to ensure they accurately capture the clinical conversation? AI tools can struggle with accents, unclear speech, or poor microphone usage.
  • Quality Assurance: Evaluate whether the AI effectively handles nuances in language, such as patients who are not strong English speakers. Ensure the clinical summaries are complete.
  • Efficiency vs. Quality: While AI can save time, the generated reports must meet quality standards. It may be that an AI-prompted clinical note is more complete than one that is written manually by the healthcare provider. Balance efficiency with the need for high-quality documentation.
  • Ethical Considerations: Ensure the AI’s interpretation of clinical conversations remains neutral and unbiased.

Starting small can help. For example, use the tool for specific patient visits or with one or two providers before scaling up.

Vetting the Vendor

Selecting a vendor for your AI tool requires thoughtful consideration to ensure you choose a provider with the experience and reputation you trust. The right vendor will help you implement the tool securely and effectively.

Ask these key questions:

  • How does the vendor safeguard health data?
  • Where will data be stored (locally, in Canada, or internationally)?
  • Have they conducted independent security audits?
  • How do they handle biases in AI-generated data?

A trusted vendor should answer these questions transparently. For help, check out the Canada Health Infoway’s checklist [link] for evaluating AI tools.

Privacy and Compliance

A privacy impact assessment (PIA) is a process to assess the impact of new or change to existing administrative practice, information system or practices relating to the collection, use, disclosure of personal (health) information.

The PIA documents the reasonable safeguards that you will take to protect the privacy, confidentiality, and security of health information.

Changes in technology, like implementing AI tools, trigger the need for a PIA. In particular, a PIA for transcription AI tools will include these questions.

  • How Will you Notify Patients? Inform patients how their data will be collected, processed, and used. Clearly communicate this through notices, laminated summaries, or consent forms.
  • Information Management Agreements (IMA). Ensure the vendor IMA include robust privacy clauses and clear restrictions on data use and secondary purposes.
  • Where is the Source Data Maintained? In a transcription app, know where the audio files are stored and how long they are kept. Automate deleting temporary files once their purpose is served, and ensure compliance with data retention policies.
  • How Will You Secure the Integrity of the Current Patient Record and Reduce Risk? Whenever you add new systems, you also increase the risk of compromise. Call on your computer network vendor and EMR vendor to help you assess the new AI Tool and how it might impact your current systems.

Next Steps: Plan, Document, and Ask for Help

Implementing AI takes time, effort, and clear documentation. Outline your workflow based on the steps outlined in this article: define your goals, vet the vendor, understand the workflow, conduct a risk assessment, update your policies, and monitor for accuracy, efficiency, and compliance. Then, ensure policies are updated, and staff are trained on the new processes. For guidance, visit Practice Management Success Membership or explore resources from the Office of the Information and Privacy Commissioner (for example, AI: Guidance for Small Custodians on the use of Artificial Intelligenceand the Canada Health Infoway (for example, Preparing the Health Care Community for AI Implementations

Have questions about a PIA for your AI implementation? Reach out to me—I’m here to help you with your privacy compliance.

AI tools offer exciting possibilities, but success lies in thoughtful implementation. Take the first step by assessing your clinic’s needs and evaluating risks. With the right approach, you can harness the power of AI while safeguarding patient trust.

 
Jean Eaton informationmanagers.ca

When we know better, we can do better…

Jean L. Eaton is constructively obsessive about privacy, confidentiality, and security especially when it comes to the handling of personal health information. If you would like to discuss how I can help your practice, just send me an email. I am here to help you. Jean L. Eaton Your Practical Privacy Coach at Information Managers.

Changes to Alberta’s Privacy Impact Assessment (PIA) Review Process

Changes to Alberta’s Privacy Impact Assessment (PIA) Review Process

 

PIA Review Process for Healthcare Practices In Effect Now

If you’re a clinic manager or privacy officer in Alberta, this is an important update for you. The Office of the Information and Privacy Commissioner (OIPC) has announced changes to the Privacy Impact Assessment (PIA) review process that will impact custodians under the Health Information Act (HIA), public bodies under the Freedom of Information and Protection of Privacy Act (FOIP Act), and private sector organizations under the Personal Information Protection Act (PIPA).

In Alberta, when a healthcare practice completes a PIA, it gets signed off internally by the custodian—whether that’s a physician, dentist, chiropractor, or another health professional. From there, the PIA is submitted to the OIPC for review. This review process has been a crucial step in ensuring that health information privacy is adequately protected. The OIPC issues a file number once the submission is received.

Starting October 1, 2024, the OIPC is streamlining its review process.

  • The OIPC will receive the PIA.
  • The PIA will be reviewed as it is submitted.
  • PIAs will no longer be ‘accepted’, ‘conditionally accepted’, or ‘not accepted’.
  • Instead, the PIA will be reviewed and a closing letter with comments and recommendations will be issued to the custodian.

One important detail: if the OIPC finds that your PIA is incomplete, they will close the file and notify you to consider re-submitting once the gaps are addressed.

It’s worth noting that the PIA requirements laid out in the OIPC Privacy Impact Assessment Requirements Guide (2010) are still valid. While changes are on the horizon, the OIPC has confirmed that the current guidelines remain applicable for the time being.

What This Means for You

If you’re a custodian under the HIA, you’re required to submit PIAs to the OIPC for review before implementing new administrative practices or information systems (HIA s.64). The key steps in the PIA process include:

1. Prepare health information privacy and security policies and procedures that comply with the HIA.
2. Conduct a privacy and security risk assessment and documenting any mitigation strategies
3. Complete the PIA using the OIPC’s format, which must be signed off by the healthcare custodian and the organization.
4. Submit the PIA to the OIPC for review. The custodian is encouraged to ensure the PIA is complete and thorough before submission.
5. Receive a closing letter from the OIPC with any comments or recommendations.

Also, PIAs submitted before October 1, 2024, but not yet reviewed by the OIPC, will still fall under the new process.

PIA Privacy Impact Assessment Pink Elephant Log

Need Help with Your PIA?

If you’re planning to introduce new technology, implement new systems, open a new clinic, or make amendments to your existing PIA—whether you’re moving from local servers to the cloud, relocating clinics, or adding new services—these changes could affect you.

Navigating the PIA process can feel like tackling the elephant in the room. But you don’t have to do it alone. If you need help with your PIA or guidance on amendments, visit InformationManagers.ca/PIA for support. We’re here to help you every step of the way.

Table-Top Privacy Breach Fire Drill

Table-Top Privacy Breach Fire Drill

What is a Table-Top Privacy Breach Fire Drill?

A table-top privacy breach fire drill is a cost-effective way to prepare for a privacy and security incident in your healthcare organization. You should have a written privacy breach incident response plan in your healthcare practice. Have you practiced your response plan lately?

A table-top privacy breach fire drill allows your incident response team to rehearse their skills in a controlled exercise.

Do you remember your school days when every month or two you had a fire drill? The fire alarm would go off and everybody would go out the doors and very calmly go down the stairs and out the doors and into their muster point.

We take the same approach with privacy breach fire drills. Fires can happen at different times, places, and for different reasons. Whey you change the scenario, you develop alternate strategies or playbooks to best respond to the fire.

A privacy breach incident playbook contains all the actionable steps to take when a privacy beach incident occurs. Your playbook will have many ‘plays’ or actions to take when different types of privacy breach incidents occur. You could also think of it as a recipe book. You have many types of recipes to select from. Identify the ingredients that you have on hand (or the characteristics of the latest privacy incident) and select the most appropriate recipe to resolve the incident.

The Importance of Practicing Your Privacy Breach Response Plan

Healthcare providers, owners, and privacy officers hear about big privacy breaches on the news and hope it won’t happen to them. It keeps them up at night…because they know that properly preventing or managing a privacy breach is critical to the continued success of their business. Implementing a table-top privacy breach fire drill will help!

Picture this. You call a meeting of your incident response team. This may include your privacy officer, computer network support or managed services provider lead, physician, dentist, or other healthcare lead, your media spokesperson, and clinic manager. The privacy officer distributes a privacy breach incident scenario summarized on one page.

The team members read the scenario and then discuss what steps that they would take to respond to the privacy breach incident.

Using the 4 Step Response Plan as your playbook guideline, the incident response team note-keeper documents the hypothetical steps that the team takes to respond to the breach. Record the decisions, the resources, and the questions that you explore in this scenario.

When the table-top exercise is complete, you now have a detailed action steps that you can take when a similar privacy incident occurs in your healthcare practice.

How To Use The Table-Top Privacy Breach Fire Drill Technique

The goal of a privacy breach fire drill is to develop your playbook so you can spring into action when a similar privacy and security incident occurs in your healthcare practice.

Real-World Scenarios: Turning Headlines into Practice Drills

First, identify a scenario that could happen in your practice. Unfortunately, it’s easy to find an example about a privacy and security breach in the news. Grab a privacy breach example and pull out the bits and pieces of the information that might apply to your organization. When you select scenarios that could happen in your organization the exercise is more meaningful for you, and you will develop tools and templates that are going to help you in the event that a very similar privacy and security incident happens in your organization.

Let’s use the recent privacy breach incident that came from the province of Saskatchewan* when a cybersecurity attack that happened in their E-Health system. This attack may have started when an employee who had authorized access to the e-health system used a personal tablet to connect with a USB to the Saskatchewan health authority’s computer. This enabled a virus from that personal tablet to infect the computer system and ultimately the e-health system, allowing millions of files to be stolen. Strip the example down to its key points. Create additional details and assumptions where needed to give the team members enough information to discuss the scenario during the fire drill exercise.

Step 1 Contain The Breach Immediately

The first step in every incident is to spot and stop the breach. Make an assumption that the employee who connected the personal device to your computer is now seeing that message on the screen that says that there’s a virus in the system. One of your incident team members plays the role of the employee and completes Step 1 of the privacy breach incident response form and notifies their supervisor or the privacy officer.

Another team member assumes the role of the privacy officer and explains what their next action steps would be.

Record each action that you consider. Document each policy, resource, phone number and email address that you would use in a real event. This creates the action steps in your playbook.

Step 2 Evaluate the Risks Thoroughly

Discuss the risks that could affect the computer systems. What tools do you need to evaluate the harm of this incident? How might this affect patient care and the privacy of patient information?

Contact your vendors and ask them to contribute to the risk assessment in this scenario.

Who else might you want to call on for assistance to investigate this incident?

You might want to revisit the news item for additional information about the actions that were taken that you might also need to explore.

In your playbook, record good leading questions to help you to investigate the incident and evaluate the risks of harm.

Step 3 Notify the Right People and Authorities

Strategize who you would notify about the incident. Prepare written notification to the custodians, patients, regulators and even media statements. These become templates in your playbook that you can quickly implement in your real event.

Role-play your media spokesperson being interviewed on the evening news. It’s much better to practice now, before you are in a crisis.

Step 4 Prevent the Breach From Happening Again

This might be the most valuable step in the privacy breach fire drill. Complete the privacy breach incident worksheet and summarize this practice scenario. Consider how likely this scenario could happen in your practice. What type of training could be done now to prevent this from happening? What tools or training do your incident response team members need today to make it easier for them to monitor and prevent this scenario from happening?

The Benefits of Regular Privacy Breach Fire Drills

At the conclusion of this fire-drill, your team is ready, energized, and have the tools that they need to make sure that they can respond to that privacy and security breach as quickly as possible. This absolutely is a great investment in your time. These table-top privacy breach fire drills are a great demonstration of your commitment as an organization to ensure that you are protecting the privacy confidentiality and security of health information.

 

How to Prepare Patient Records for a Court Order in Your Healthcare Practice

How to Prepare Patient Records for a Court Order in Your Healthcare Practice

How to Prepare Patient Records for a Court Order in Your Healthcare Practice

You are working at the reception desk of a healthcare practice. Suddenly, there is a police officer giving you a court order! Do you know how to prepare patient records for a court order?

panic button

Don’t Panic!

Take a deep breath. Then, follow these steps to help you to respond to a request for patient records for a court order with confidence!

Listen to the Design Your Practice Podcast with Kayla Das!

Episode 76: How to Prepare Client Records for a Court Order with Jean Eaton

 
designer practice podcast logo court order

Listen to the Podcast Here

You can also find the podcast on Apple Podcast, Spotify, and YouTube. Simply search for “Designer Practice Podcast” on your preferred platform.

 

Follow These Steps

In this article, I am not discussing a situation which relates to a life-threatening situation that requires an immediate response. I am also not discussing when the order relates to the type or quality of healthcare provided to the patient or when the actions of the healthcare provider or clinic is being challenged or reviewed. These are topics for a different article.

Your reception staff should not accept the court order but, instead, immediately ask the officer to wait for a few minutes so that they can request their supervisor or privacy officer meet with them.

When the court order is an administrative request for information, the supervisor or privacy officer will accept the court order from the officer. Before the officer leaves, make sure that you read the court order carefully and ensure:

  • Who is named in the court order.
    • This is often the clinic manager of the clinic. Your clinic should be specifically named or, perhaps, the name of your lead physician or healthcare provider.
  • Record the date and time that you received the order.
  • Clarify when the response is required.
  • Name and contact information.
    • This could be of the officer that delivered the court order (if possible).
    • At minimum, it should include the contact information of the court, for example, the court clerk’s office or the witness co-ordinator, or the sheriff’s office.
  • The province or jurisdiction of the court.
  • In general, this should be the same province where your clinic operates. If not, contact your lawyer for advice on how to respond.

Review Your Policies and Procedures

This is not a routine request from a patient to access their health records or a request to disclose their records to a third party like a lawyer or insurance company. In those routine requests, patients are generally required to provide a written, signed consent before you can disclose their records.

When you receive a court order or subpoena to produce patient records at a court or other legal proceeding, you are not required to get a signed consent from the patient.

Each healthcare practice should have detailed policies and procedures on how to prepare patient records for a court order. Review these now.

If you don’t have up-to-date policies and procedures, see the Practice Management Success Tip, How to Prepare Patient Records for a Court Order.

Validate the Court Order

Read the court order carefully. In particular,

  • Phone the contact number on the court order.
  • Confirm the date, time, and location that you are required to appear.

Locate the Patient Record

Find the patient information maintained in an electronic database, electronic medical record (EMR) and/or paper records. Remember to look for both active and inactive patient records as needed by the court order.

Read the patient record carefully, line by line, to ensure that the record is complete. For example, make sure that all lab reports, prescriptions, consultation notes, etc. are included in the record.

Secure the record to prevent snooping or modification to the record. Also ensure that the record is available for continuing care and treatment of the patient, if needed.

In an electronic record, prepare an audit log of all the transactions on that patients’ chart.

Ensure there is no duplicate or second chart for the patient that may have been created in error. Search by alternate names, spellings, date of birth, etc.

Ensure that each custodian included in the patients’ care and your healthcare practice’s privacy officer is informed of the court order to produce the record. The custodian should be provided an opportunity to review their clinic notes. Remind the custodian that they cannot further disclose the patient’s record.

Prepare the Patient Record

Review the court order and identify exactly what information is requested. It might be for specific dates or a condition or treatment.

Keep complete and detailed notes about how you prepared your response to the court order. You will bring your notes with you to court to assist you in your testimony about how your clinic creates and maintains patient records and what you did to respond to the court order. After your court appearance, you will maintain your notes as part of the business records for the clinic.

Collect the information and record each of your steps and your results, including the records that you searched for as well as those that you did not find any results for.

If you maintain your patient records in an electronic medical record (EMR) or digital practice management software, print out a hard copy of all the information that responds to the information that is requested.

Sever (also known as redact or black-line) any information that is not appropriate to include in the disclosure. Cross-reference each redacted entry to the legal authority not to include the information in the disclosure.

illustration of text that has black lines through sections sever or redact part of How to Prepare Patient Records for a Court Order
If you are using an EMR, organize the paper print-out in a format that makes sense. This might be in chronological date order, or by grouping like records (clinic notes, lab results, etc.) together.

Create a ‘Table of Contents’ of the information in the patient record. This will help you in your testimony to quickly find requested information, and to help the court to locate information in the records that you have prepared.

At the same time, handwrite in ink at the bottom of each page the sequential page number in the package. Update the table of contents with the page numbers.

Stamp ‘COPY’ on each page.

When the package is complete, make a photocopy (or two) of the entire package. The ‘original’ paper copy will be maintained at the clinic. Bring the original and the copy to court and ask the court to accept your copy. Return the original package to the clinic and securely maintain this as part of the business records of the clinic until the court file is complete.

When You Attend At Court

As the clinic manager, your role at the court is to tell the court how patient information is collected and maintained in your healthcare practice. Your job is not to interpret the content of the clinic notes.

A few days prior to the court date indicated on the court order, phone the clerk’s office or witness support office to confirm the date, time, and location of the proceedings and if you are still required to attend.

image of 3d figure in a witness box in court raising hand to affirm testimony How to Prepare Patient Records for a Court Order
On the day of the proceedings, report to the clerk of the court.

Bring with you the court order, your photo ID, the patient record, and your notes. Bring a good book to read in case you have a long wait.

You will be advised (again) if you are required that day. If you are not required, the clerk will make a notation on your court order to appear that you attended and that you have been dismissed. Keep this in your business records with the patient record.

If your testimony and the patient records are required, you will be called as a witness during the court proceeding.

You will be asked to swear or affirm an oath to speak honestly during your testimony.

Typical questions that you should be prepared to answer include:

  • Your name.
  • Your role at the clinic, how long you have been in that role, your routine tasks and responsibilities at the clinic.
  • Describe how patient records are maintained. Be prepared to explain your EMR or computer patient management system (if you have one).
  • Bring your notes about the steps that took to prepare for the court order. You may ask permission of the court to refer to your notes that you created when preparing to respond to the court order during your testimony, if necessary.
  • Explain that the patient records are kept electronically and that you have prepared a paper print-out of those notes.
  • Be prepared to explain how you know that the records are complete, not missing any details, etc.
  • If the court asks you to enter the records into evidence, explain that you have an ‘original’ and a ‘copy’ and ask the court to accept the ‘copy’ into evidence.

When You Return to the Clinic

Complete your notes by documenting your day at the court. Write a short summary of your day including:

  • Did you give a copy of the patient records to the court? To whom?
  • Remember to add this notation to the patients’ record that you disclosed this information according to the court order.
  • Any follow-up required for this disclosure?
  • Review your procedures. Anything that you would edit or provide additional instructions that will help you to be better prepared for next time you receive a court order?
  • Submit a copy of your out of pocket expenses (parking receipts, meals, etc.) for re-imbursement by your employer, if applicable.

What You Should Do Now

  1. Review your policies and procedures now to ensure that it includes how to respond to a court order.
  2. Train your reception staff on what to do if they receive a court order.
  3. Train your privacy officer and clinic manager on how to prepare a patient record for a court order.

Depending on where you work, you may receive a court order regularly or it might be a once-in-a-career experience. When you have policies and procedures and a little bit of training to assist you, you can respond to a court order calmly and confidently.

If you are a member of Practice Management Success, login and access the ’Procedure:  Preparing Patient Records for a Court Order’ template and the replay of the tutorial video.
 
image Jean L. Eaton

When we know better, we can do better…

Jean Eaton is constructively obsessive about privacy, confidentiality, and security especially when it comes to the handling of personal health information. If you would like to discuss how I can help your practice, just send me an email. I am here to help you.

Jean L. Eaton
Your Practical Privacy Coach
INFORMATION MANAGERS

The Top 3 Agreements Your Healthcare Practice MUST Have (and Why)

The Top 3 Agreements Your Healthcare Practice MUST Have (and Why)

In order to provide services, healthcare practices must collect pertinent information from patients. This data gathering often includes many sources of information, across different types of technology, among multiple vendors. Good business practices and health records management is supported by three agreements your healthcare must have: information manager agreement (IMA), information sharing agreement (ISA), and successor custodian agreement.

For instance, when a patient attends a clinic, their details are nearly always entered into a computer software program to maintain demographic information, manage patient appointments, and to process payments. Often, health service providers (including physicians, pharmacists, chiropractors, dentists, psychiatrists and more) record their patients’ notes into an electronic medical record (EMR).

Patient information is shared between providers where required. For example, when the patient visits a diagnostic lab for testing, results are often transmitted electronically to the ordering physician’s fax machine or to the EMR.

Custodians including physicians, pharmacists, chiropractors, dentists, and psychiatrists, as defined by the Alberta’s Health Information Act (HIA), must follow HIA legislation when they collect, use, and disclose health information.

Often, custodians are also the owners of independent healthcare practices. However, an owner of a healthcare practice is not the custodian if they are not also an active member of a regulated health profession named as custodians in the HIA.

1. Information Manager Agreement

The HIA allows custodians to contract with other health service providers and vendors for the purposes of providing information management or information technology services, so patients can receive health services, and make payments. This often requires the custodian to share patient information with a vendor (or give them access to) so the vendor can process, store, or provide information as needed.

The custodian selects one or more business to provide the services, equipment, or software to assist in the management of health information. For example: EMR provider, contracted transcriptionist, billing agent, remote backup service, etc. These businesses are known in the HIA as information managers.

Before sharing health information with someone else, the custodian must ensure that the partners and vendors have reasonable safeguards in place to protect sensitive health information. The custodians must ensure that there is a written agreement between the custodian and the information manager. These agreements are known as “Information Manager Agreements.” This requirement is stated in the HIA section 66(2).

The Information Manager Agreement (IMA) is one of three crucial agreements a healthcare practice must have in place.

If You Don’t Have an IMA

If you are a custodian who uses vendors as part of your business and you do not have an IMA with that vendor…

  • You are in breach of the HIA.
  • You may incur fines under the HIA.
  • You may face sanctions and disciplinary actions from your professional regulatory college.
  • Almost certainly, you will encounter conflicts, poor communication, between yourself and the vendor(s) and the other participating custodians in your practice.
  • You may lose control of the health information as reported in the Investigation Report H2013-IR-01from the Alberta Office of the Information and Privacy Commissioner (OIPC).

In a press release from the Alberta OIPC in 2013, Information and Privacy Commissioner Jill Clayton noted that:

“The HIA allows custodians to disclose health information to IT service providers, such as EMR vendors, under an appropriate Information Manager Agreement. When custodians do not sign these agreements, they may find themselves in the unfortunate position of losing control over the health information they need to provide health services.”

Investigation Report H2013-IR-01 (https://www.oipc.ab.ca/news-and-events/news-releases/2013/investigation-report-h2013-ir-01.aspx)

Who Must Create the Information Manager Agreement?

The custodian is responsible to ensure that there is an appropriate IMA created and signed.

The information manager can assist the custodian by preparing templates of the IMA including specific details of the services that they will provide and the safeguards that the vendor will implement to protect personal health information.

Key Points About IMAs

A few important notes about IMAs.

  • IMA must be signed by the custodian.
  • Agreements signed by individuals who are not custodians are not valid under the HIA.
  • Custodians are required under the HIA to have an IMA with the vendor before disclosing health information. If there is no agreement in place, the custodian is in breach of the HIA.
  • Custodians are responsible for the health information that they collect, use, and disclose. Therefore, the custodian is responsible for the IMA and to ensure that the health information will be handled confidently and securely.

Key Points IMA

The custodian can select the best vendor and information manager for the job. The vendor who understands the requirements of the HIA and who can demonstrate that they have implemented the appropriate reasonable safeguards and can assist the custodian to develop an appropriate IMA is, in my opinion, demonstrating a significant competitive advantage.

All healthcare providers in a community practice should spend time when creating their business to establish good business practices, including developing written contracts and agreements to improve the efficiency of the business and to make things happen in the way that they are planned.

Here is a common example

Dr. Alice and Dr. Mark created a welcoming family medical practice in a new sub-division of their city. They each worked hard to attract new patients, hire and train staff, and develop a profitable business.

In the last few years, Alice and Mark had differences of opinion on how to grow their business. In the end, Alice decided that this type of practice wasn’t for her. She decided to leave and join a larger practice in a neighbouring subdivision. Alice wanted to take her patient’s records with her to her new practice and continue to see her patients at the new location.

Mark, who had signed the IMA with the EMR vendor, did not agree to Alice’s request to transfer her patient records to her new group practice.

Alice and Mark argued and eventually involved a professional mediator to help them resolve their business conflict. Hurt feelings between the providers and staff, costly delays in their business and expenses could have been avoided if Alice and Mark had established clear expectations in the event of the termination of their business partnership when they started their group practice. An IMA between custodians in a group practice is a recommended best practice.

When You Have Multiple Custodians in Your Healthcare Practice

When the practice has multiple providers, the owner and custodian frequently assumes responsibility for maintaining the contracts and IMAs with the vendors. Each of the participating healthcare providers may delegate the responsibility of maintaining the vendor arrangements to the custodian owner. This can be achieved with an IMA between the owner / custodian and each participating custodian.

Custodian Owner IMA

Each healthcare provider custodian is considered the custodian of the health information that they collect. The custodians can jointly agree to all use the same EMR. This provides continuity of care for the patients and economy of scale for the participants of the practice.

When the owner/custodian signs the agreement with the EMR, they become the signatory custodian. The EMR vendor takes their instructions from the signatory custodian.

The owner / custodian is now an information manager for all the participating custodians.  but does not become a custodian of the health information provided to them in their roles as an information manager.

For example,

Dr. Bill opened his medical practice, ABC Clinic. Later, additional physicians were recruited to work at ABC Clinic. The physicians are each custodians as defined by the HIA.

Dr. Bill assumes the responsibility for the operations of the clinic including the computer network and the contract with the EMR vendor. Dr. Bill is the information manager for the patient records at the clinic.

Each physician signs an IMA with Dr. Bill and agree that he will continue to manage the patient records on their behalf. Dr. Bill is operating as an information manager.

In his role of the information manager, Dr. Bill must follow the instructions from each physician, the custodian, as it relates to the management of their patients’ records.

2. Information Sharing Agreement (ISA)

When you have more than one physician in your practice, you need an agreement about how you will decide to manage the personal health information in your practice.

An Information Sharing Agreement (ISA) focuses on the internal decision making about all things related to personal health information whereas, an IMA is an agreement with a single vendor about the services that the vendor provides.

ISA IMA

An ISA may include things related to the services that a vendor provides but is not limited to just vendor services.

It also includes decisions about the process to ensure appropriate role based access to personal health information in the EMR, computer network, and paper formats; the regular review of health information privacy and security policies and procedures, ensuring privacy and security awareness training, the regular review of administrative, technical, and physical safeguards in the practice, and so on.

In larger organizations or when several smaller organizations participate in an information sharing initiative, a Data Management Committee may provide oversight and facilitate this process.

An ISA is a requirement of the College of Physicians and Surgeons of Alberta.

Identifying a successor custodian is also a requirement of the College of Physicians and Surgeons (CPSA).

3. Successor Custodianship Agreement

As a business owner, you need to plan a successor to the business. This might be an interim or short-term decision to ensure continuity during an absence or future retirement planning or unexpected illness or death.

In healthcare, physicians and custodians have the added responsibility as the ‘gatekeeper’ for patient records. In the event of a sudden inability to meet these responsibilities, physicians need to identify a successor custodian to ensure appropriate and continued access by patients to their health information for their continuing care and treatment and to ensure that the continuing confidentiality, security, and access to patient records continue to be fulfilled.

Have you identified a successor custodian? Each of the physicians in your group practice should also identify their own successor custodian.

This is a CPSA requirement and should also be included in the Privacy Impact Assessment if you have this information available. See CPSA, Patient Record Retention, s.5:

A regulated member acting as a custodian must designate a successor custodian to ensure the retention and accessibility of patient records in the event the regulated member is unable to continue as custodian. (Reference: Health Information Act Section 35(1)(q)

If you are a chiropractor, the Alberta College and Association of Chiropractors (ACAC) further requires its members to name a chiropractor as the successor custodian to maintain the status of ‘chiropractic’ records. (See the ACAC’s Standards of Practice s5.3 Custodianship of Health Records.)

A chiropractor, as a custodian of health records, is responsible for the care and control of the health records in their practices as required by the Health Information Act of Alberta. A custodian of active chiropractic files must be under the custody or control of an active, registered member of the ACAC.

Note that under the Health Information Act, a chiropractor may disclose files to another custodian who is not a chiropractor, and only a chiropractor may have custody or control of chiropractic files. Chiropractic files disclosed to a non-chiropractor should no longer be considered chiropractic files.

A custodian must implement technical and physical safeguards to protect the confidentiality of the information and privacy of individuals as well as protections against reasonably anticipated threats to the security or integrity of the information. A custodian must also defend against unauthorized uses, disclosures or modifications of the information. Safeguards must be periodically assessed and documented in policies and procedures.

If you are working in an owner/custodian scenario discussed above, clearly identifying a successor custodian becomes imperative. An unplanned absence of the owner / custodian can seriously jeopardize the business and the continuing care and treatment of patients.

The custodian can, but is not required to, name another custodian in the same practice to be their successor. Whatever your decision, ensure that this is well documented and easily accessible to the other custodians and key decision makers in your organization in the event of an emergency.

The best time to create IMA, ISA, and Successor Custodianship Agreements is when you start your healthcare business.

The second best time in now.

What are you waiting for?

If you need assistance, contact Jean L. Eaton, Your Practical Privacy Coach and Practice Management Mentor with Information Managers. I’m here to help you with your Practice Management Success.

If you are a member of Practice Management Success, login here to access the Top 3 Agreements.

 

When we know better, we can do better…

Jean L. Eaton is constructively obsessive about privacy, confidentiality, and security especially when it comes to the handling of personal health information. If you would like to discuss how I can help your practice, just send me an email. I am here to help you.

Jean L. Eaton
Your Practical Privacy Coach
INFORMATION MANAGERS

 
Do You Know Where Your Policies And Procedures Are?

Do You Know Where Your Policies And Procedures Are?

Do You Know Where Your Policies and Procedures Are?

This is a cautionary tale.

And it could save you a lot of embarrassment – even legal issues.

The way a healthcare provider collects, uses and discloses personal health information (PHI) is critical to an efficient healthcare practice.

It’s also required by legislation and professional college regulations and standards.

Policies and procedures must be in writing, available to employees, and monitored to ensure that they are followed. Otherwise, you face all sorts of risks, including privacy breaches and other legal problems.

 

Don’t let this happen to you!

Everyone in a healthcare practice — including front office staff, wellness practitioners and physicians and other custodians — must be aware of and follow these policies and procedures.

These policies and procedures also become the foundation of your privacy impact assessment (PIA).

That’s why, in this Privacy Breach Nugget, we’ll review a privacy breach investigation report from Alberta’s Office of the Information and Privacy Commissioner (OIPC). Whether you have a new practice, or an existing practice, we have a number of services and resources designed to help you manage your practice in a way that not only meets legal requirements, but is streamlined and efficient, and keep your information secure.

What Happened

This report started with an employee suspected of accessing health information for an unauthorized purpose.

It started with at the clinic with a conflict between the employees and the employer.

An employee (Employee A) was on leave from her position at the clinic. Her access to the electronic medical record (EMR) was suspended during her leave.

Employee A wanted to access patient information to support her dispute with management. Over two months, Employee A used Employee B’s credentials to access patient records.

This action is in contravention of the Health Information Act (HIA) sections 27 and 28.

This is where this case becomes even more convoluted and, in fact, a better case study of what not to do.

Employee Dispute

Understanding the Health Information Act

The Health Information Act (HIA) requires the custodian (the physician, in this case) to take reasonable steps to maintain administrative, technical, and physical safeguards to protect patient privacy as required by sections 60 and 63 of the HIA, and section 8 of the Health Information Regulation.

In November 2013, the clinic submitted a privacy impact assessment (PIA) to the OIPC prior to its implementation of an electronic medical record (EMR).

The PIA included written policies and procedures.

The letter to the OIPC accompanying the PIA was signed by two physicians, as well as Employee A who was the privacy officer at that time.

The physician named in the investigative report is not the current custodian at the clinic. The physician was hired in 2015 and therefore not a member of the clinic in 2013 and not involved in the initial PIA submission.

During the investigation, both employees indicated that the policies and procedures to protect patient privacy were in a binder in the clinic, but it was never used or shared with the staff.

Oaths of confidentiality may have been previously signed by the employees, but the documents could not be produced during the investigation.

Section 8 (6) of the Regulation states the ‘custodian must ensure its affiliates are aware of and adhere to all of the custodians administrative, technical, and physical safeguards in respect of health information.’

It’s common practice for clinics to require employees to sign confidentiality agreements and ensure that they receive patient privacy awareness training with regular updates.

But in this investigation, the employees said they never received privacy awareness training.

 

Access To Patient Information

The employees also stated it was common practice at this clinic for individuals to not log off of their EMR account on the computers at the reception desks. It was common practice for other employees to access an open session to quickly perform a task in the EMR.

The investigator concluded that the physician was in contravention of the HIA section 63(1) which requires custodians to establish or adopt policies and procedures that would facilitate the implementation of the Act and regulations.

These specific findings were made:

  • The custodian failed to ensure the clinic employees were made aware of and adhered to the safeguards put in place to protect health information in contradiction contravention of section 8(6) of the regulation.
  • The custodian was in contravention of section 8(6) of the regulation which requires custodians to ensure that their affiliates are aware of and adhere to all of the custodian’s administrative, technical, and physical safeguards with respect to health information. It’s important to note any collection use or disclosure of health information by an affiliate of a custodian is considered to be the collection, use, and disclosure by the custodian.
  • The custodian failed to ensure the employee and the other clinic staff adhered to technical safeguards as required by section 60 of the HIA and section 8(6) of the regulations.

Privacy Breach Nuggets You Need to Know

Privacy breaches are in the news every day. The more you know how breaches can affect you allows you to be more proactive to prevent privacy breach pain.

Get Your Privacy Documents In Order

To protect yourself and your practice from patient privacy breaches (and massive fines, see the conclusion to this article), follow these steps.

  1. Find your policies and procedures and review them with all staff and custodians. Make sure you document that this has been done.
  2. Review and update your privacy awareness training and ensure all staff, including custodians, have completed this recently. Make sure you have this documented, including certificates of attendance if available.
  3. Oath of confidentiality documents should be signed by all of all clinic staff and custodians and maintained in a secure location.
  4. Review your privacy impact assessment and ensure all of your current custodians have read this and understand it. Visit this post for more information to help you determine if you need a PIA amendment.

Monitor

This incident occurred in 2016. The OIPC office did not recommend any additional sanctions against the clinic, physicians, or employees.

To get templates of policies and procedures for your healthcare practice, be sure to sign up for the Practice Management Success Membership

New Amendments To The HIA

This case might have turned out differently today.

New amendments, as of 2018, provide a provision for fines under the HIA ranging from $2,000 to $200,000.

The public — and our patients — expect and trust us to make sure that their personal health information is kept secure and confidential.

It’s our responsibility to make sure we have these administrative, technical, and physical safeguards in place and are maintained in a consistent fashion.

When you’ve done the hard work to implement your patient privacy policies and procedures and your privacy impact assessment, make sure you continue your journey and keep these documents up-to-date and current. To help you, sign up for the Practice Management Success Membership.

There are many patient privacy breaches in the news each day, and you never know when it could happen to you.

The more you know about the breaches and how they can affect you allows you to be more proactive to prevent privacy breach pain. If you need to prepare your privacy breach management plan, start your on-line training 4-Step Response Plan right away!

If you need templates of policies and procedures for your healthcare practice, be sure to sign up for the Practice Management Success Membership. These tips, tools, templates, and training will help you save time and money to develop and maintain policies and procedures in your healthcare practice.

 

When we know better, we can do better…

I’ve helped hundreds of healthcare practices prevent privacy breach pain like this. If you would like to discuss how I can help your practice, just send me an email. I am here to help you protect your practice.

PRIVACY BREACH NUGGETS are provided to help you add a ‘nugget’ to your privacy education program. Share these with your staff and patients as a newsletter, poster, or staff meeting.

Jean L. Eaton, Your Practical Privacy Coach

 

 

References and Resources

Alberta Office of the Information and Privacy Commissioner. Investigation Report H2019-IR-01 Investigation into alleged unauthorized accesses and disclosures of health information at Consort and District Medical Society Clinic. May 21, 2019. https://www.oipc.ab.ca/media/996888/H2019-IR-01.pdf