Consent Management Content

for OCAN Training

June 2011

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Objectives

• By the end of this presentation, OCAN users should be able to:

– Understand what Consent Management means for consumers

– Know their responsibilities for informing the client

– Know the steps involved in managing consent

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What is Consent Management?

• Consent Management is the ability to provide consumers with control over how their personal health information is collected, used, disclosed (or shared), and with whom it is shared

• Implementing a clear and comprehensive Consent Management process is essential to ensuring PHIPA compliance and building consumer confidence

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What Consent Management Means to Consumers

• It is critical for consumers to be part of a consent management process that is:

– Transparent

– Consistently managed and supported

– Informed

• When consent is properly managed, consumers can be confident about participating in OCAN.

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Informed Consent - What is Valid Consent?

• Under PHIPA section 18(1)(b) in order for Consent to be valid; Consent must be knowledgeable.

• Consent to the collection, use or disclosure of Personal Health Information about an individual is knowledgeable if it is reasonable in the circumstances to believe that the individual knows:

– (a) the purposes of the collection, use or disclosure, as the case may be; and

– (b) that the individual may give or withhold Consent. 2004, c. 3, Sched. A, s. 18 (5).”

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Informed Consent – Additional Considerations

• In order for a consumer to be considered well informed and their consent to be meaningful, the following conditions should also be met:

– The consumer should know what information about them is being collected, used and disclosed

– The consumer should be aware of any positive and negative consequences of giving, withholding or withdrawing Consent

– The HSP must be reasonably certain that the consumer, or their substitute decision maker, understands the information provided to them

– The person is well informed enough to ask any clarifying questions, and has received responses to his or her requests for additional information

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OCAN Specific Considerations for Consent

• OCAN assessment information is Personal Health Information (PHI) and therefore must be collected, used and disclosed with the consumer’s consent

• OCAN assessment information contains a lot of information and the consumer should be aware of what is collected, used and disclosed and what implications the collection, use and disclosure may have for them, e.g.:

– Psychiatric history

– Child care

– Safety to others

– Legal status

– Etc.

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What to Inform Consumers About

• Therefore, consumers need to be informed about the following 5 topics:

– WHY their personal health information (PHI) is being collected, used and disclosed

– WHAT personal health information (PHI) is being collected, used and disclosed

– WHO it is being disclosed to and by what means

– Positive and Negative Consequences of the collection use and disclosure and consent

– That they have the right to give or withhold consent

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Staff Responsibilities for Managing Consent

• Inform the consumer so that they understand

• Obtain the consent

– By assuming it if you are using implied consent

– By directly asking for consent if you are using express consent

• Document the consent

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<<Insert HSP Name>> Consent Management Process

How to Inform, Obtain and Document Consent

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How to Inform Consumers

In order for the consumer to understand what they are consenting to, they must be properly informed. We inform consumers by:

• <<Insert informing method A>>

• <<Insert informing method B>>

• <<Insert informing method C>>

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What to Include When Informing Consumers• <<Insert information about WHY you are collecting, using and

disclosing their information>

• <<Insert information about WHAT types of information you are collecting, eg: Psychiatric history, Legal status, etc>>

• <<Insert information about the types of HSPs you disclose to and how you disclose OCAN in general>>

• <<Insert information about what it may mean to the consumer to have this information collected and used and shared , including positive or negative consequences>>

• <<Insert how your staff should tell the consumer that it is their choice to give or withhold consent>>

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How to Obtain Consent

• <<Insert the steps that your HSP takes to obtain consent as you decided in the Consent Management workshop>>

• <<If your HSP uses implied consent, insert where and how staff should note that they informed the client and hearing no objections, assumed consent>>

• <<If your HSP uses express consent, insert where and how staff should specifically ask for consent>>

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How to Document Consent

• <<Insert the steps that your HSP takes to record consent in a central location, as you decided in the Consent Management workshop>>

• <<Insert the steps that your HSP takes to register consent along with the OCAN assessment as you decided in the Consent Management workshop>>

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Resources to Learn More about Privacy and Consent• HSPs can download the poster and brochure and other templates

as part of the Consent Management Implementation Guide on the CCIM website here:

– https://www.ccim.on.ca/CMHA/OCAN/Private/Pages/Security%20And%20Privacy%20ToolKit%20V2.aspx

• The Personal Health Information Protection Act, (PHIPA) defines responsibilities around the collection, use and disclosure of Personal Health Information (PHI) in Ontario. It can be found online, here:

– http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_04p03_e.htm

• The Information and Privacy Commissioner of Ontario (IPC) has a website with helpful resources about Privacy and Consent at:

– http://ipc.on.ca/

Thank You!

Support Centre Telephone: 1-866-909-5600

Hours: Monday to Friday, 8:30 am ― 4:30 pm Email: cmhcap@ccim.on.caWebsite: www.ccim.on.ca