Personal Health Information Protection Act compliance
Setting up consent, access, retention and breach procedures for a health information custodian or its agents.
What is included
- Reviews how you collect, use and disclose personal health information
- Drafts privacy policies, notices and agent agreements
- Advises on electronic records and virtual care
- Prepares breach response procedures under PHIPA
What is not included
- Technical security testing, forensics or IT services
- Regulator or court proceedings not covered by the lawyer's written retainer
- Advice from foreign counsel where laws outside Canada apply
Who this service is for
- Health information custodians such as clinics and practitioners
- Agents and service providers working for custodians
Information to have ready
- 1Current privacy policies and consent forms
- 2Details of your electronic medical records system
- 3Agreements with agents and vendors
- 4Any past breach records
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $2,000–$7,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Do health privacy breaches have to be reported?
Custodians must notify affected individuals at the first reasonable opportunity, and certain breaches must also be reported to the Information and Privacy Commissioner of Ontario.
Who is a health information custodian?
Usually health practitioners, hospitals, clinics and similar organizations that have custody or control of personal health information for health care.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Compliance depends on how the organization actually follows its policies
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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