Client Privacy, Confidentiality and Release of Information
While delivering its services and programs, Spectrum Analytic Consulting, LLC collects personal information from its clients. Personal information means any information that could be used on its own, or with other information, to establish the identity of a client, the client’s service provider, or the client’s substitute decision maker. Personal information also includes any other information about a client, including information that is contained in a client's record.
Spectrum Analytic Consulting, LLC collects, uses and shares client’s personal information for the following purposes: •Providing quality programs and services to clients
•Providing information to other people or organizations with client consent (for example, making a referral for service) •Contacting clients, donors and members to evaluate Spectrum Analytic Consulting, LLC service and work
•Conducting research to understand the kinds of issues our clients are facing
•Obtaining authorization from insurance companies to assess and treat
•Reviewing client files to ensure high quality of service and documentation Spectrum Analytic Consulting, LLC may also collect, use, and share personal information with consent or as permitted or required by law.
Spectrum Analytic Consulting, LLC is committed to protecting the privacy of its clients and ensuring that the personal information it receives from clients is kept safe, secure, confidential, accurate and up to date; and clients understand why their personal information is collected by Spectrum Analytic Consulting, LLC.
Spectrum Analytic Consulting, LLC obtains client consent before collecting, using, sharing, or releasing client information, except as set out in this policy or permitted or required by law. Only the personal information necessary for the purposes listed above is collected from clients, unless otherwise consented to by the client or permitted or required by law.
Access to client information is limited to the Spectrum Analytic Consulting, LLC contractors/employees involved in delivering services to clients. Any external agents to whom Spectrum Analytic Consulting, LLC releases information have a need to know and only use and disclose client information for the purposes for which it was originally provided.
Clients can withdraw their consent at any time to the collection, use and disclosure of their personal information. Clients have access to their record, except where Spectrum Analytic Consulting, LLC is entitled to refuse an access request, and can copy or correct their record and ask questions about Spectrum Analytic Consulting, LLC privacy policies and procedures.
Only a person who provides a provincially funded health resource to an individual may require the individual to produce his or her health card. Spectrum Analytic Consulting, LLC personnel may ask clients to voluntarily provide their health card number to facilitate referrals to provincially funded health resources.
OBTAINING CONSENT As Spectrum Analytic Consulting, LLC services often involve collaboration and consultation, and employees and contractors are recommended to discuss the following with new clients:
•The nature and extent of consultation and collaboration in the Spectrum Analytic Consulting, LLC program or service which the new client is accessing
•The personal information that Spectrum Analytic Consulting, LLC may collect
•The purposes for which Spectrum Analytic Consulting, LLC collects, uses and shares personal information, as listed above
Client’s rights and responsibilities including rights related to keeping client’s personal information private will be reviewed with all new clients at their first appointment following intake. Clients will be asked to use a form indicating that the organization’s privacy policies have been discussed and that the client consents to the collection, use and sharing of personal information for the purposes listed in this policy. The signed forms will be maintained by the program (e.g., in the client’s paper record, filed centrally within the program). A note will be made in the client’s electronic record that the form has been signed. In cases where it is not possible or practicable to obtain the client’s written acknowledgment (e.g., telephone only service), verbal acknowledgment that the organization’s privacy practices have been explained to, and accepted by, the client will be recorded in an activity note in the client’s record.
Consent will be that of the individual and must be knowledgeable, relate to the personal information and not be obtained through deception or coercion. A consent to the collection, use or sharing 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 and/or disclosure, as the case may be; and (b) that the individual may give or withhold consent.
If you are concerned that a client does not have the capacity to consent to the collection, use and disclosure of his or her personal information, you should consider whether the client understands the decision they are being asked to make; question whether the person understands the reasonably foreseeable consequences of the decision or lack of decision; and/or consult with a Company supervisor.
Clients have the right to stipulate who will have access to their personal information. This means that they can withhold, limit, or withdraw their consent to the collection, use, or disclosure of personal information. The request may cover all or a specific part of a client’s record. When this happens, contractors will implement the following “lockbox” procedure.
If you have a client who request to withhold, limit or withdraw their consent, you should:
•Record the verbal instructions by the client in an activity note in the client’s electronic record
•Scan any written instructions by the client into the client’s electronic record
•Notify the Information Technology (IT) Department of the client’s instructions and the IT Department will limit access to the electronic record in compliance with the client’s request (e.g., closing access to the record; limiting access to the individuals specified by the client to be allowed access).
Paper records: If the client also has a paper file, the client’s file (either in whole or in part depending on the client’s instructions) to which access is to be limited will be placed inside an envelope that will be sealed with the instructions from the client stapled to the outside of the file. If the client request is to withdraw consent, the file will be safeguarded by Spectrum Analytic Consulting, LLC Privacy Officer. If the client request is to withhold or limit consent, the supervisor responsible for the program will determine how best to comply with the client’s request.
SMS: Clients have the right to opt in or out for SMS text messages from Spectrum. This information will not be shared with other parties. Messages may include appointment reminders, account notifications, or other administrative information. Messaging frequency may vary, and message and data rates may apply. The client has a right to text “STOP” at any time to opt-out from SMS messaging. If a client needs help or assistance related to text messaging, they may visit the Company website or review the Terms of Service set for forth in their consent forms.
In cases where the withholding, limiting or withdrawal of consent will limit or prevent Spectrum Analytic Consulting, LLC from continuing to deliver services, you should discuss with the client the consequences of their withholding, limiting or withdrawal of consent.
HIGHER LEVELS OF CONFIDENTIALITY (USE OF ALIASES) Spectrum Analytic Consulting, LLC serves clients periodically that require a higher level of confidentiality. For example: public figures; contractors/Employees of Spectrum Analytic Consulting, LLC funder; former contractors/Employees who may not wish it to be known that they are accessing Spectrum Analytic Consulting, LLC services.
In such situations, programs will provide clients with an opportunity to select and use an alias. The alias will be used in the client record and in the client’s interactions with Spectrum Analytic Consulting, LLC. A list of the aliases, clients’ real names and file numbers will be confidentiality maintained by a designated person in each department with a copy to the Spectrum Analytic Consulting, LLC Privacy Officer.
A higher level of confidentiality designation does not invalidate the normal legal limits to confidentiality, which includes subpoenas, search warrants, and the right of government funders to audit client records. Clients must be informed of these limitations on confidentiality. The Human Resources Department will provide names of contractors or employees to the Spectrum Analytic Consulting, LLC Privacy Officer, so that a check of the client database can be completed. If the individual has received service from Spectrum Analytic Consulting, LLC in the past, an alias will be assigned to the record to maintain the privacy of the new contractors/Employees.
RESPONDING TO SUMMONS/SUBPOUENAS/COURT ORDERS Spectrum Analytic Consulting, LLC will not disclose the personal information of clients without their consent, except where:
•It is believed the client or someone else is in imminent danger of serious physical harm (see •Duty to Warn policy)
•A child under the age of 16 is at risk of or has been abused or neglected (see Child Abuse Reporting and Documentation policy)
•Spectrum Analytic Consulting, LLC is subpoenaed or is otherwise served with a court order, summons, warrant or a similar requirement issued by a person who has jurisdiction to compel the production of information in a proceeding
•It is otherwise permitted or required by law.
If Spectrum Analytic Consulting, LLC contractor, employee, student or volunteer is served with a warrant, summons, subpoena, order or similar requirement issued in a proceeding, the individual must immediately notify a Company supervisor, who will provide advice and direction as to how to respond. Spectrum Analytic Consulting, LLC contractors and employees are recommended to follow the same procedure in response to requests by police officers for client information.
In general, where an order, summons, warrant, subpoena or other requirement to produce documents has been served on Spectrum Analytic Consulting, LLC, Spectrum Analytic Consulting, LLC will:
•Make every attempt to respond in a way that is respectful of the order or other requirement, while at the same time taking steps to preserve the client's right to confidentiality
•Make an exact copy of the file to remain at Spectrum Analytic Consulting, LLC and deliver the documents to the court or other proceedings in a sealed envelope marked “private and confidential”.
•Where Spectrum Analytic Consulting, LLC discloses personal information without the client’s consent, the client will be notified of such disclosure as soon as reasonable, practical, safe and/or legally possible in the circumstances.
RELEASE OF INFORMATION WITH CLIENT CONSENT Personal information, whether all or part of a client’s record, will not be released to third parties without the written consent of the client or the client’s substitute decision maker, where applicable. Clients are required to complete the Spectrum Analytic Consulting, LLC Authorization to Request or Release Information Form, depending on the nature of the request. Consents provided on these forms are valid for one year, unless otherwise limited or withdrawn by the client in advance of that date. Spectrum Analytic Consulting, LLC may disclose a client’s personal information, provided that the disclosure, to the best of Spectrum Analytic Consulting, LLC knowledge, is for a lawful purpose.
Reports from third parties contained in a client record may not be released without the written consent of the third party. Clients will be encouraged to pursue access to this information directly with the third party.
In exceptional circumstances, where written consent is not possible, the oral consent of the client to the release of personal information will be accepted and will be recorded in the client’s file.
In response to requests to release information to third parties, the Spectrum Analytic Consulting, LLC service provider will ensure that the client understands the purpose for which the information is being released and to whom the information is being released. The Spectrum Analytic Consulting, LLC service provider, will also explain that Spectrum Analytic Consulting, LLC cannot guarantee the confidentiality of the information once it has been released.
SAFEGUARDING OF PERSONAL INFORMATION Client information stored electronically is protected through protected passwords. Access to the Spectrum Analytic Consulting, LLC electronic database is limited on a need-to-know basis for added security.
Client information collected in hard copy form is stored in locked cabinets accessible only by the administration or other Spectrum Analytic Consulting, LLC contractors providing service to the client, and the relevant program supervisors. Spectrum Analytic Consulting, LLC contractors should never leave client personal information, in paper or electronic form, unattended or exposed to anyone other than the client.
Access to client information will be limited to those who need to know the information for the purposes set out in the client’s consent or as otherwise permitted or required by law.
Spectrum Analytic Consulting, LLC will not send confidential personal information to clients by email without the client’s prior consent. Personal information sent to clients or about clients will employ secure email (secure e-mail ensures messages are encrypted). Spectrum Analytic Consulting, LLC regular e-mail program is not secure for email. Web-based counseling will use an encrypted website to protect client privacy and confidentiality.
Spectrum Analytic Consulting, LLC requires external agents, such as third-party auditors, to maintain the confidentiality of client information and to refrain from using client information for any purpose other than the purposes for which consent was provided by the client. Where appropriate and necessary, Spectrum Analytic Consulting, LLC will obtain the consent of the client to disclose information to external agents (external agents are persons or companies with which Spectrum Analytic Consulting, LLC has contracts and that may have access to personal information.)
When disposal is permitted or required, records of client personal information will be disposed of in a secure manner such that reconstruction of the records is not reasonably foreseeable in the circumstances.
Contractors and employees should report to the appropriate Company supervisor and/or the Spectrum Analytic Consulting, LLC Privacy Officer for any theft, loss, unauthorized access, use or disclosure of personal information of Spectrum Analytic Consulting, LLC clients. In programs where funders require it, supervisors will file a serious occurrence report in this situation.
In the event of such theft, loss, unauthorized access, use or disclosure of personal information of a Spectrum Analytic Consulting, LLC client, Spectrum Analytic Consulting, LLC will notify the client as soon as possible. Oral contact with the clients will be logged in the client record and will be followed up by a letter, which will be included in the client record. In the case of former clients, contact will be made orally, if possible, and in writing, at the last known address for the client recorded in Spectrum Analytic Consulting, LLC database.
CLIENT ACCESS Clients wishing to review their records should contact the Spectrum Analytic Consulting, LLC service provider, relevant program supervisor or Privacy Officer. Within 30 days of any such request, an appointment will be made for the client to review his/her personal information in a confidential manner on Spectrum Analytic Consulting, LLC premises, in the presence of a Spectrum Analytic Consulting, LLC employee, unless Spectrum Analytic Consulting, LLC is entitled to refuse the request, in which case written notice will be given. Clients may bring a support person to this appointment if they wish. Up to 60 days may be required in the case of complex searches for records. In exceptional circumstances (e.g., a client is unable to come to the Spectrum Analytic Consulting, LLC office due to health issues); a copy of the record may be sent to the individual with consent.
Spectrum Analytic Consulting, LLC is required to retain client personal information that is the subject of a request for access for as long as necessary to allow the client to exhaust any recourse under the Personal Health Information Protection Act, 2004 that he or she may have with respect to the request. This may require Spectrum Analytic Consulting, LLC to maintain the record for longer than the typical client record retention period.
Clients who wish for an explanation of their records may contact their Spectrum Analytic Consulting, LLC service provider, the relevant program supervisor or the Spectrum Analytic Consulting, LLC Privacy Officer.
Clients will not be permitted to access third party records without the consent of the third party. In such cases, the Spectrum Analytic Consulting, LLC service provider will direct the client to obtain the requested information directly from the third party.
Clients wishing to correct information in their file shall provide the correction in writing to Spectrum Analytic Consulting, LLC. The written correction will be included in the client’s record and, within three weeks of receipt, Spectrum Analytic Consulting, LLC will notify the client of its response to the correction.
PRIVACY OFFICER The Privacy Officer for Spectrum Analytic Consulting, LLC is Melissa Steele-Parks CEO, BCBA. The name and contact information for the Privacy Officer is available on the Spectrum Analytic Consulting, LLC website, in the Client Rights and Responsibilities Statement and in the Spectrum Analytic Consulting, LLC Contractors Directory. The duties of the Privacy Officer include:
•Maintaining knowledge of privacy legislation and regulations
•Ensuring that all contractors have training on the privacy policy
•Monitoring employee compliance with Spectrum Analytic Consulting, LLC privacy policy
•Responding to privacy-related complaints and concerns
•Responding to requests for access and correction
•Responding to inquiries from the public about Spectrum Analytic Consulting, LLC privacy practices
•Liaising with other organizations, the public and government, as necessary, on privacy-related issues.
Questions, comments or complaints about the Spectrum Analytic Consulting, LLC privacy policies and procedures or about the collection, use or disclosure of personal information will be directed to the Privacy Officer. The Privacy Officer will follow the procedures set out in the Service User and Community Member Complaints policy in responding to, resolving and recording privacy-related complaints.