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Sample Privacy Forms - Saskatchewan Medical Association

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<strong>Sample</strong> <strong>Privacy</strong> <strong>Forms</strong><br />

Confidentiality Agreement for Employees<br />

• applies to all clinic employees<br />

Confidentiality Agreement between <strong>Medical</strong> Practice and Service Provider<br />

• applies to third parties that may have access to patient information (e.g.<br />

offsite dictation, billing software companies, etc.)<br />

Confidentiality Agreement between <strong>Medical</strong> Practice and File Storage Facility<br />

• applies to third party physical storage facilities for paper charts, electronic<br />

backup tapes, etc.<br />

Confidentiality Agreement between <strong>Medical</strong> Practice and File Destruction Facility<br />

• applies to third party facilities for destroying paper charts<br />

Request for Access to Personal Information<br />

• applies to patient requests for information or requests from patient’s legal<br />

representative<br />

Request to Amend Personal Information<br />

• applies to patient requests for amendments or requests originating from<br />

patients’ legal representatives.<br />

16


CONFIDENTIALITY AGREEMENT FOR EMPLOYEES<br />

I am aware that the medical practice named below has policies and procedures regarding<br />

the privacy, confidentiality, and security of personal patient information and that it must<br />

comply with <strong>Saskatchewan</strong>’s Health Information Protection Act. I understand that it is<br />

my responsibility to be familiar with the requirements outlined in these policies and<br />

procedures and I have read the current version of these policies and procedures.<br />

As an employee of the medical practice named below, I agree to observe and comply with<br />

all policies and procedures of the medical practice with respect to privacy, confidentiality,<br />

and security of patient information. Except when I am legally authorized or compelled to<br />

do so, I will not use or disclose personal patient information that comes to my knowledge<br />

or possession by reason of my employment with this medical practice.<br />

I understand that any breach of the policies and procedures, including misuse or<br />

inappropriate disclosure of patient information, may be just cause for the termination of<br />

my employment.<br />

Employee name (please print)<br />

Employee signature<br />

Date (dd/mm/yy)<br />

<strong>Medical</strong> Practice (please print)<br />

Dr.<br />

Witness (privacy officer) (please print)<br />

Witness signature<br />

Date (dd/mm/yy)<br />

17


CONFIDENTIALITY AGREEMENT BETWEEN MEDICAL PRACTICE<br />

& SERVICE PROVIDER<br />

The service provider named below hereby agrees that it will not use or disclosure any<br />

identifiable patient information (whether received or created before or after the date<br />

of this agreement) except for the purposes necessary to perform services for the medical<br />

practice named below, as set out in the service contract entered into between the service<br />

provider and the medical practice before this date (“service agreement”) or with the prior<br />

written consent of the medical practice in its sole discretion or as compelled by law.<br />

The service provider represents that it has safeguards in place, equal or superior to the<br />

medical practice named below, to protect the security of patient information. The service<br />

provider agrees to securely dispose of identifiable patient information once it is no longer<br />

required for the purposes specified in the service contract and to notify the medical practice<br />

within a reasonable time thereafter that this has been done and how it has been done.<br />

The service provider represents that it is aware of and fully compliant with <strong>Saskatchewan</strong>’s<br />

Health Information Protection Act.<br />

The service provider acknowledges and agrees that any breach of this agreement may result<br />

in termination of the service agreement and may be grounds for legal action by the medical<br />

practice against the service provider.<br />

Service Provider (please print)<br />

Authorized Signatory (please print)<br />

Authorized signature<br />

Date (dd/mm/yy)<br />

<strong>Medical</strong> Practice (please print)<br />

Dr.<br />

Witness (privacy officer) (please print)<br />

Witness signature<br />

Date (dd/mm/yy)<br />

18


CONFIDENTIALITY AGREEMENT BETWEEN MEDICAL PRACTICE<br />

& FILE STORAGE FACILITY<br />

The file storage facility named below hereby agrees that it accepts for storage patient files<br />

provided by the medical practice described below.<br />

The file storage facility agrees that it will not allow its representatives, agents or employees<br />

to read, use or disclose any patient information contained within the files provided to it.<br />

The file storage facility agrees that it will maintain complete confidentiality with respect<br />

to all patient information (whether received or created before or after the date of this<br />

agreement).<br />

The file storage facility agrees that, upon receiving a request from the medical practice, it<br />

will deliver the requested files to the medical practice on a timely basis.<br />

The file storage facility represents that it has safeguards in place, to protect the security of<br />

patient information.<br />

The file storage facility represents that it is aware of and fully compliant with<br />

<strong>Saskatchewan</strong>’s Health Information Protection Act<br />

The file storage facility acknowledges and agrees that any breach of this agreement may<br />

result in termination of the service agreement and may be grounds for legal action by the<br />

medical practice against the service provider.<br />

File Storage Facility (please print)<br />

Authorized Signatory (please print)<br />

Authorized signature<br />

Date (dd/mm/yy)<br />

<strong>Medical</strong> Practice (please print)<br />

Dr.<br />

Witness (privacy officer) (please print)<br />

Witness signature<br />

Date (dd/mm/yy)<br />

19


CONFIDENTIALITY AGREEMENT BETWEEN MEDICAL PRACTICE<br />

& FILE DESTRUCTION FACILITY<br />

The Contractor named below hereby agrees that it will destroy patient files and other<br />

confidential information provided by the medical practice described below.<br />

The Agreement<br />

The Contractor agrees that it will, with respect to all documents provided by the medical<br />

practice to it for destruction:<br />

a) Shred all documents within 10 days of taking possession of those documents;<br />

b) Not permit any agent or employee of the Contractor, or any other person, to read or<br />

copy any document;<br />

c) Maintain all documents in a secure location until they are shredded;<br />

d) Shred the documents in such a manner that they cannot be reconstructed;<br />

e) Comply with all the requirements of The Health Information Protection Act and the<br />

regulations under The Health Information Protection Act respecting personal health<br />

information.<br />

The Contractor acknowledges and agrees that any breach of this agreement may result in<br />

termination of the agreement for destruction of documents.<br />

Contractor (please print)<br />

Authorized Signatory (please print)<br />

Authorized signature<br />

Date (dd/mm/yy)<br />

<strong>Medical</strong> Practice (please print)<br />

Dr.<br />

Witness (privacy officer) (please print)<br />

Witness signature<br />

Date (dd/mm/yy)<br />

20


ACCESS TO PERSONAL INFORMATION<br />

Upon request, we will give a patient (or the patient’s legally authorized representative)<br />

access to his or her personal information from the records we have in our custody or that<br />

are under our control. Our privacy officer will also explain how we collect and use personal<br />

information, and to whom it has been disclosed.<br />

Within 30 business days of receiving your completed “Request for Access to Personal<br />

Information” form (attached), we will provide you with a copy of the information, let you<br />

review the original records if we cannot reasonably provide copies to you, or give reasons<br />

for not providing access. We may extend the time for responding to your request in certain<br />

circumstances. There are a few circumstances where we are permitted or required by law<br />

to<br />

refuse to give you access to some information in your records.<br />

If we refuse access, our privacy officer will explain the reasons for this. If you disagree with<br />

our refusal, we will try to resolve the matter with you. If we cannot resolve the matter to<br />

your satisfaction, you may ask the College of Physicians and Surgeons of <strong>Saskatchewan</strong> to<br />

try to resolve it. If you are still not satisfied, you may refer the matter to the Office of the<br />

Information and <strong>Privacy</strong> Commissioner for <strong>Saskatchewan</strong>.<br />

<strong>Saskatchewan</strong>’s Health Information Protection Act allows us to charge you a reasonable<br />

fee for access to your personal information. If we wish to charge a fee, we will provide you<br />

with an estimate before we provide the service. We may require you to pay a deposit for<br />

all or part of the fee before we provide the service.<br />

To request access to your personal information or information about a person you are<br />

legally authorized to represent, please complete the attached “Request for Access to<br />

Personal Information” form. If you need assistance, our privacy officer will help you<br />

complete the form.<br />

21


REQUEST FOR ACCESS TO PERSONAL INFORMATION<br />

The information on this form will be used to respond to your request for your personal<br />

information or the personal information of someone whom you are legally entitled to represent.<br />

Whose information do you want access to<br />

My own personal information.<br />

Another person’s personal information.<br />

Please complete the “Patient Information” and “Authorized Representative’s Contact<br />

Information” sections below, and attach proof that you can legally act on behalf of that<br />

individual.<br />

Patient Information<br />

Mr / Mrs / Ms (please circle)<br />

Last Name<br />

Street Address<br />

City<br />

Province<br />

First Name<br />

Postal Code<br />

Fax<br />

Health Card Number<br />

Home Phone<br />

Business Phone<br />

Date of Birth (dd/mm/yy)<br />

Email Address<br />

Please describe, in as much detail as possible, the information you want access to. Indicate if<br />

you also want access to records about the disclosure of your information, or information of the<br />

person you are representing. Be sure to give previous names, if any.<br />

Please indicate if you wish to:<br />

Receive a photocopy of the record.<br />

Please note that a base fee of $______ per page applies for each page copied. For convenience, you<br />

may enclose this fee with your request. You will be provided with an estimate of any additional costs.<br />

View the original record, without receiving a copy.<br />

Please ask for an estimate of the fee you will be charged for:<br />

Review of the original by the physician and / or<br />

Supervision by physician or designated staff person for your review<br />

A deposit of the fee(s) may be required.<br />

Patient signature<br />

Date (dd/mm/yy)<br />

(Authorized Representatives - see following page)<br />

22


Access by Authorized Representative<br />

I am a legally authorized representative of the patient named above and have attached<br />

proof of that representation. I hereby request access to the patient’s personal records on<br />

his or her behalf.<br />

Authorized representative‘s contact information<br />

Mr / Mrs / Ms (please circle)<br />

Last Name<br />

Street Address<br />

City<br />

Province<br />

First Name<br />

Postal Code<br />

Fax<br />

Health Card Number<br />

Home Phone<br />

Business Phone<br />

Date of Birth (dd/mm/yy)<br />

Email Address<br />

Authorized Representative signature<br />

Date (dd/mm/yy)<br />

23


AMENDING PERSONAL INFORMATION<br />

If you believe information in your patient records with our office is inaccurate or<br />

incomplete, you (or your legally authorized representative) may ask us to correct the error<br />

or omission. Our privacy officer will explain the process.<br />

We will not amend your patient record to change our diagnosis or opinion, unless we are<br />

convinced that our diagnosis or opinion was mistaken.<br />

Within 30 days of receiving your request, we will correct any information in your patient<br />

record that we have verified to be inaccurate or incomplete, then send a copy of the<br />

corrected record to each organization to which the inaccurate or incomplete information<br />

was disclosed within the past year.<br />

If we decide that no correction is necessary, our privacy officer will explain the reasons for<br />

this. We will note your requested correction and reasons for not making any correction<br />

and include it in your record, to indicate a correction was requested but not made.<br />

If you disagree and believe that a change should have been made, we will attempt to<br />

resolve the matter with you. If we cannot resolve the matter, we will tell you how to<br />

request a review by the College of Physicians and Surgeons of <strong>Saskatchewan</strong>. If you are<br />

still dissatisfied after that review, you may take the matter to the Office of the Information<br />

and <strong>Privacy</strong> Commissioner for <strong>Saskatchewan</strong>.<br />

To request an amendment to your personal information, please complete the attached<br />

“Request to Amend Personal Information” form. If you need assistance, our privacy officer<br />

will help you complete the form.<br />

24


REQUEST TO AMEND PERSONAL INFORMATION<br />

The information gathered on this form will be used to respond to your request to amend your<br />

personal information or the personal information of someone you are legally entitled to represent.<br />

Whose information do you want to amend<br />

My own personal information.<br />

Another person’s personal information.<br />

Please complete the “Patient Information” and “Amendments by Authorized Representative”<br />

sections below, and attach proof that you can legally act on behalf of that individual.<br />

Patient Information<br />

Mr / Mrs / Ms (please circle)<br />

Last Name<br />

Street Address<br />

City<br />

Province<br />

First Name<br />

Postal Code<br />

Fax<br />

Health Card Number<br />

Home Phone<br />

Business Phone<br />

Date of Birth (dd/mm/yy)<br />

Email Address<br />

Please describe, in as much detail as you can, the information you want amended. Be sure to give<br />

the complete patient name that is in the records if it is different from the name given above. If<br />

you need more space, please attach a separate sheet of paper.<br />

What amendment do you want to make and why Please attach any documents that support<br />

your request.<br />

Patient signature<br />

Date (dd/mm/yy)<br />

(Authorized Representatives - see following page)<br />

25


Amendments by Authorized Representative<br />

I am a legally authorized representative of the patient named above and have attached<br />

proof of that representation. I hereby request access to the patient’s personal records on<br />

his or her behalf.<br />

Authorized representative‘s contact information<br />

Mr / Mrs / Ms (please circle)<br />

Last Name<br />

Street Address<br />

City<br />

Province<br />

First Name<br />

Postal Code<br />

Fax<br />

Health Card Number<br />

Home Phone<br />

Business Phone<br />

Date of Birth (dd/mm/yy)<br />

Email Address<br />

Authorized Representative signature<br />

Date (dd/mm/yy)<br />

26

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