Terms of Use
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The "Terms of Use" section outlines the agreement for users accessing the website and its affiliated platforms, acknowledging compliance with specified terms and conditions. The website aims to promote understanding, prevention, and care in addiction and mental health through accessible and current information, albeit without guaranteeing accuracy or completeness. Users are bound by updated terms upon continued use, with restrictions on modifying, copying, or distributing website content. Additionally, the section includes disclaimers on medical advice, emergency services, and external links, emphasizing user liability and jurisdiction under Ontario law.
Website Usage Agreement:
By accessing and using our website and its related sites, including our social media platforms (such as Facebook, Twitter, Instagram, LinkedIn, and YouTube), you, the user, acknowledge and agree to comply with the following terms and conditions (hereinafter referred to as the "Agreement"). This Agreement applies to all visitors and users of the website.
Purpose of the Website:
Our website is dedicated to advancing our mission of enhancing understanding, prevention, and care in the realms of addiction and mental health. We endeavor to provide information that is accessible, current, and reliable. Nonetheless, we do not guarantee the accuracy, quality, or completeness of the information provided. Users should be aware that the content is offered "as is" and is subject to change without notice.
Amendments to the Terms:
We reserve the right to modify this Agreement at any time at our sole discretion. Continued use of the website following any such changes constitutes your acceptance of the new terms. If you do not agree with any changes, you should discontinue using the website. We also reserve the right to update or correct website content, although we are not obligated to do so.
Intellectual Property and Usage Rights:
All content on the website, including text, graphics, images, and other materials, is owned by us or appropriately licensed. This content is provided to you for personal, non-commercial use, subject to a limited, non-transferable license. You are prohibited from modifying, copying, distributing, or using the content in any other manner without our express permission. Trademarks and trade names appearing on the site are also protected.
Usage of the Website:
The use of our website includes accessing its various contents such as text, images, videos, articles, and other materials, whether provided by us or submitted by users.
Medical Disclaimer:
The content provided on the website is for informational purposes only and should not be considered as medical advice. For medical concerns, professional advice from a qualified healthcare provider should always be sought.
Emergency Services Disclaimer:
This website is not intended for emergency or crisis situations. In case of an emergency, contact your local emergency services.
External Links:
The website may contain links to third-party sites, over which we have no control. We are not responsible for the content or practices of these external sites. Users access these links at their own risk.Use of Names and Marks:
All names, graphics, and wordmarks on the site are our exclusive property and cannot be used without prior written consent.
Collection of Personal Information:
We only collect personal information when it is voluntarily provided by users. This information is used solely for the purposes for which it was collected, and we take steps to protect its confidentiality.
Communications and Newsletters:
Users may choose to receive communications such as newsletters from us. Subscription can be cancelled at any time. Email communications are not guaranteed to be secure.
Non-Disclosure of Personal Information:
Personal information will not be shared with third parties except as stated in this Agreement or as required by law.
IP Addresses and Cookies:
We collect non-personal information such as IP addresses and use cookies for website functionality and analysis. Users can manage cookie preferences through their browser settings.
Google Analytics:
We use Google Analytics for website analytics. By using our website, you consent to the processing of data by Google as outlined in their privacy policy.
Liability and Indemnification:
Users assume liability for their actions on the website and agree to indemnify us against any claims arising from their use of the website.
Jurisdiction and Governing Law:
This Agreement is governed by the laws of the Province of Ontario, Canada. Any legal proceedings must be conducted in Ontario.
Agreement Acceptance:
If you do not agree with these terms, you should exit the website immediately. Continued use of the website indicates acceptance of this Agreement. -
Genuine Care Club is committed to protecting the privacy and security of our patients' Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA), as well as applicable Canadian laws such as the Personal Health Information Protection Act (PHIPA) and the Personal Information Protection and Electronic Documents Act (PIPEDA).
What’s HIPAA, PIPEDA, and PHIPA?
HIPAA (Health Insurance Portability and Accountability Act) is a US law designed to safeguard individuals' medical information privacy, safeguard patients' health information, ensure the security of healthcare data, ensure its confidentiality, integrity, and availability, and promote the portability and continuity of health insurance coverage. HIPAA is not active in Canada; However, HIPAA-compliant software demonstrates elevated security enhancements which is useful in the telehealth privacy context.
The Personal Information Protection and Electronic Documents Act (PIPEDA) is basically a federal privacy law in Canada that sets out rules for how private sector organizations, including health care providers and mental health clinicians, collect, use, and disclose personal information of their customers, patients, or clients.
The Personal Health Information Protection Act (PHIPA) is a legislation in Ontario, Canada, governing the collection, use, and disclosure of personal health information to protect individuals' privacy rights in the healthcare sector. Clinics in Ontario will follow the Personal Health Information Protection Act (PHIPA) – Ontario’s provincial law specifically for health records. It has legally been deemed “Substantially Similar” to PIPEDA.
Here are some steps Genuine Care Club has taken to remain PHIPA compliant:
Understand PHIPA Requirements: Genuine Care Club is familiar with the provisions of PHIPA related to the collection, use, and disclosure of personal health information (PHI). We understand our obligations under the legislation.
Secure Telehealth Platforms: Genuine Care Club uses secure telehealth platforms and technologies that comply with PHIPA standards for protecting the privacy and security of PHI. We have chosen platforms with encryption, access controls, and other security features.
Obtain Informed Consent: Genuine Care Club obtains informed consent from clients before engaging in telehealth sessions. We explain the limitations and risks associated with telehealth, including privacy and security considerations.
Protect PHI: Genuine Care Club takes measures to protect the confidentiality and security of PHI during telehealth sessions. We ensure that conversations take place in private, secure locations, and we avoid using public Wi-Fi networks or unsecured devices.
Use Secure Communication: Genuine Care Club uses secure methods of communication for exchanging PHI, such as encrypted email or secure messaging platforms. We avoid using regular email or SMS for transmitting sensitive information.
Implement Policies and Procedures: Genuine Care Club develops and implements policies and procedures for telehealth practices that align with PHIPA requirements. This includes protocols for handling PHI, obtaining consent, ensuring security, and responding to breaches.
Training and Education: I (Louisa Larocque) have a plan by which I will provide training and education to staff members on PHIPA compliance and telehealth best practices and ensure they understand their roles and responsibilities in protecting PHI during telehealth interactions.
Monitor Compliance: Genuine Care Club Regularly monitors telehealth practices to ensure compliance with PHIPA requirements. We conduct audits, review processes, and address any issues or deficiencies promptly.
Stay Informed: Genuine Care Club stays informed about updates and changes to PHIPA regulations and guidelines related to telehealth. We keep abreast of best practices and emerging technologies for maintaining privacy and security in telehealth.
Seek Professional Advice: When faced with specific questions or concerns about PHIPA compliance in telehealth practices, we seek guidance from other clinicians, legal professionals or consultants with expertise in health privacy laws dependent on the context of the query(ies).
Genuine Care Club diligently maintains up-to-date health records, ensuring that all Personal Health Information (PHI) and identifying information, both administrative and clinical, are kept current.
Genuine Care Club prioritizes the security of records, implementing measures to safeguard PHI from theft, loss, or unauthorized use. Records are handled with care, and secure protocols are followed for retention, transfer, and disposal.
Records are stored for appropriate time frames, ensuring compliance with regulatory requirements. When requested, records are retained until all procedural matters related to the request, such as resolving complaints with the Privacy Commissioner, are fully addressed.
Comprehensive breach procedures are in place. In the event of any unauthorized disclosure of PHI, individuals are promptly informed, and detailed records of the disclosure are maintained as part of the individual's record.
A designated Privacy Contact Person oversees compliance efforts, conducts training, responds to inquiries, facilitates access to records, and addresses complaints regarding privacy matters.
Genuine Care Club publishes its privacy practices, making them readily available to the public. This includes information on PHI practices, contact details for the Privacy Contact Person, procedures for accessing or correcting records, and avenues for lodging complaints with the clinic or the Privacy Commissioner.
Genuine Care Club has appointed an agent for the secure handling of PHI in accordance with established protocols.
Genuine Care Club obtains express or implied consent, where appropriate, for the collection, use and disclosure of PHI.
Access to PHI is promptly provided upon request, with individuals receiving access within 30 days of making a request, whether orally or in writing.
Now, let's address the compliance of the our telepsychology software:
Google Workspace: Google Workspace offers a Business Associate Agreement (BAA) for covered entities subject to HIPAA requirements. By signing this agreement, Google commits to handling PHI in compliance with HIPAA regulations. Additionally, Google Workspace complies with Canadian privacy laws such as PHIPA and PIPEDA by implementing appropriate security measures and data protection practices. Learn more by clicking here. Google Cloud leverages state-of-the-art data privacy and security capabilities to store, process, maintain, and secure customer data. In this paper, Google explains these data protection features and how they align to many of the security and privacy practices organizations should consider when looking to comply with PHIPA.
Jane Software: Jane Software is designed to meet the requirements of HIPAA and PIPEDA. It employs encryption, access controls, audit trails, and other security features to safeguard PHI. Jane Software also provides signed Business Associate Agreements to ensure compliance with HIPAA regulations. Regular audits and updates further ensure ongoing compliance with privacy laws. Learn more by clicking here and here.
These software solutions adhere to strict security standards to ensure the confidentiality, integrity, and availability of personal health information.
Disclaimer: Genuine Care Club's Google Workspace account is HIPAA and PHIPA compliant, and Jane software (where your personal information is stored) is HIPAA and PHIPA/PIPEDA compliant. However, virtual care has some privacy and security risks that could allow your health information to be intercepted or unintentionally disclosed. We want to make sure you understand this before we proceed. We do our best to make sure that any information you give to us during virtual care visits is private and secure, but no video or audio tools are ever completely secure. There is an increased risk that your health information may be intercepted or disclosed to third parties when using video or audio communications tools. To help us keep your information safe and secure, you can do the following:
Understand that emails, calls or texts you receive are not secure in the same way as a private appointment in an office
Use a private computer/device (i.e., not an employer’s or third party’s computer/device)
Secure accounts and a secure Internet connection. For example, using a personal and encrypted email account is more secure than using an unencrypted email account, and your access to the Internet on your home network will generally be more secure than an open guest Wi-Fi connection.
You should also understand that electronic communication is not a substitute for in-person communication or for attending the emergency department when needed (including for any urgent care that may be required). If you are concerned about using video or audio tools for virtual care, you can ask our virtual office to arrange for you to visit a different health care provider or another health care centre where you can be seen in person.
In order to improve privacy and confidentiality, you should be in a private setting and should not use an employer’s or someone else’s computer/device as they may be able to access your information. We cannot guarantee the security of your independent e-mail service(s) and/or internet provider(s). The secure transmission of private data may be compromised if your internet Service Provider(s) fail(s) to adequately prevent hacking, data interception and/or impersonation. In the original intake form, it is noted that your continued use of email communication and tele-psychology acknowledges that you accept this risk.
In the future:
For inquiries or concerns regarding PHI practices, please contact our PHI Compliance Officer: louisa@genuinecareclub.com
Process for Obtaining Access to Records: Patients have the right to access their PHI and request corrections to any inaccuracies. To access records or request corrections, please submit a written request to louisa@genuinecareclub.com.
If you have any complaints regarding our PHI practices, you may submit them to our clinic directly to louisa@genuinecareclub.com. Alternatively, complaints can be made to the Privacy Commissioner in your jurisdiction.
© 2024 All Rights Reserved. Genuine Care Club
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