HIC vs Agents
PHIPA GUIDELINES
Health Information Custodians Vs. Agents
In this document, I have outlined the differences between Health Information Custodians and Agents as per PHIPA - mandatory privacy laws that we must adhere to. It is your responsibility to ensure you continue to meet your College’s requirements separately.
What is PHIPA?
The Personal Health Information Protection Act, also known as PHIPA, is Ontario legislation established in November 2004. PHIPA governs the manner in which personal health information may be collected, used and disclosed within the health sector. It regulates health information custodians (custodians), as well as individuals and organizations that receive personal health information from custodians.
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Health Information Custodian
Brittany Barratt
A custodian is a person or organization listed in PHIPA that, as a result of his, her or its power or duties or work set out in PHIPA, has custody or control of personal health information (ipc.on.ca/wp-content/uploads/2015/11/ph...)
At Rebound Total Health, Brittany is the HIC and the owner of where the Personal Health Information is stored (Jane).
The HIC has full access to the information collected at Rebound Total Health.
The HIC is responsible for ensuring that the information is collected, used, disclosed, retained or disposed of properly by ALL agents. The HIC also takes responsibility for all the information obtained through Rebound and any instances of mishandling of information, according to PHIPA.
The HIC will be conducting monthly audits to confirm that the Agents have properly retained client information. See E) under agent.
The HIC and the agents all must abide by Rebound’s “Virtual Health Care Policy”
Agent
Sub-contracted clinicians, sub-contracted administrative team, employees, students, volunteers
PHIPA defines an agent to include any person who is authorized by a custodian to perform services or activities in respect of personal health information on the custodian’s behalf and for the purposes of that custodian. An agent may include a person or company that contracts with, is employed by or volunteers for a custodian and, as a result, may have access to personal health information. PHIPA permits custodians to provide personal health information to their agents only if the custodian is permitted to collect, use, disclose, retain or dispose of the information.
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At Rebound Total Health, Agents are given permission from Brittany Barratt (HIC) to handle information. Agents at Rebound Total Health are expected to do the following:
properly collect, use, disclose, retain or dispose of personal health information for any tasks/roles/duties they carry out at Rebound Total Health.
follow conditions and restrictions set out by the HIC for collecting, using, disclosing, retaining and disposing of personal health information.
report any information that is lost, stolen, misused or disclosed without authority directly to the HIC (Brittany Barratt) immediately.
The agent does not collect, use, disclose, retain, or dispose of personal health information unless it:
is permitted by the custodian
is necessary for carrying out their duties as an agent
is not contrary to PHIPA or any other law
complies with any conditions or restrictions imposed by the custodian
The agent will complete clinical records within 48 hours of session completion, and accurately assign dates to chart notes in the Jane practice management software.
The HIC and the agents all must abide by Rebound’s “Virtual Health Care Policy”