The legislation provides the parameters for access to information held by The District Municipality of Muskoka and the rules for protecting the personal privacy of individuals whose personal information is held by the District.
How to Make a Freedom of Information (FOI) Request
Requests are to be directed to the department holding the information. If the information is public information, or information that is routinely disclosed, the department should release the record(s).
However, in the event that the request pertains to records which are not public information, or the subject of routine disclosure, the requestor will be directed to submit a formal Access of Freedom of Information request under the MFIPPA. The requester will be referred to the Clerk's Department.
A formal request must be submitted in writing by way of letter to the District Clerk and be accompanied by the prescribed fee of $5.
Acceptable forms of payment include: VISA, MasterCard, debit, and cheque or money order made payable to the District of Muskoka.
The Request must be clear and definitive before processing can begin.
Records considered appropriate to be disclosed, either in whole or with some information severed in accordance with exemptions prescribed in MFIPPA, will be made available to the requester.
Requests for general information will be charged a fee as prescribed by regulation for the searching and preparation functions ($30 per hour), as well as for photocopying ($0.20 per page). Other charges that are also prescribed include computer programming for machine readable records.
Video Surveillance
The District Municipality of Muskoka has a Video Surveillance Policy to address the use of video surveillance equipment at its operations and the measures that will be taken to ensure compliance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
Health Privacy Information and Requests for Health Records
The District Municipality of Muskoka is committed to promoting privacy and protecting the confidentiality of the health information we hold about you. Your health record includes information relevant to your health including your date of birth, contact information, health history, family health history, details of your physical and mental health, record of your care and support you received from us, results from tests and procedures, and information from other health care providers.
Your health record is our property, but the information in your file belongs to you.
Health Privacy Information Inquiries
The District delivers four (4) health programs that are separate health information custodians under the Personal Health Information Protection Act, 2004 (PHIPA). Each health program has a Privacy Officer Contact:
Health Program
Privacy Officer Contact
Phone Number
The Pines, Long-Term Care Home
Administrator
705-645-4488
extension 4877
Muskoka Paramedic Services
Chief, Paramedic Services and Emergency Planning
705-645-2100
extension 4209
HealthLink, Health System Care Co-ordination
Commissioner, Health Services
705-645-2100
extension 4670
Hope, Inspiration and Possibilities, Case Management Services
Commissioner, Health Services
705-645-2100
extension 4670
We encourage you to contact us with any questions or concerns you might have about our privacy practices.
If, after contacting us, you feel that your concerns have not been addressed to your satisfaction, you have the right to complain to the Information and Privacy Commissioner of Ontario. The Privacy Commissioner can be reached at:
With some exceptions, you have the right to access the health information we hold about you. If you request a copy of your record, one will be provided to you at a reasonable cost. If you wish to view the original record, one of our staff members will be present, and a reasonable fee may be charged for this access. If you need a copy of your health record, please contact us in writing at:
The District Municipality of Muskoka
Health Services Department
70 Pine Street, Bracebridge, Ontario P1L 1N3
or ask your health care provider who will explain the process. In rare situations, you may be denied access to some or all of your record (with any such denial being in accordance with applicable law).
We try to keep your record accurate and up-to-date. Please let us know if you disagree with what is recorded, and in most cases we will be able to make the change or otherwise we will ask you to write a statement of disagreement and we will attach that statement to your record.
Confidentiality:
Everyone here is bound by confidentiality. We have to protect your information from loss or theft and make sure no one looks at it or does something with your information if they are not involved with your care or allowed as part of their job. If there is a privacy breach, we will tell you (and we are required by law to tell you)
Our Confidential Practices
We collect, use and disclose (meaning share) your health information to:
Treat and care for you
Provide appointment or preventative care reminders to you and/or send client surveys to you
Update you of upcoming events, activities and programs
Coordinate your care with your other health care providers including in regional and provincial groups like HealthLink and through shared electronic information systems
Deliver and evaluate our programs
Plan, administer and manage our internal operations
Be paid or process, monitor, verify or reimburse claims for payment
Conduct risk management, error management and quality improvement activities
Educate our staff and students
Dispose of your information
Seek your permission (or permission of a substitute decision maker) where appropriate
Respond to or initiate proceedings
Conduct research (subject to certain rules)
Compile statistics
Allow for the analysis, administration and management of the health system
Comply with legal and regulatory requirements
Fulfill other purposes permitted or required by law
Our collection, use and disclosure (sharing) of your personal health information are done as allowed by Ontario law.
Your choices and who decides:
You have a right to make choices and control how your health information is collected, used, and disclosed, subject to some limits.
You may make your own decisions if you are “capable”. Your care provider will decide if you are capable based on a test the law sets out. You may be capable of making some decisions and not others. If you are not capable – you will have a substitute decision-maker who will make your information decisions for you. Who can act as a substitute decision-maker and what they have to do is also set out in law.
Please note if you are under the age of 16, there are some additional rules to know. If you are capable to make your own information decisions, your parent(s) or guardian will also be allowed to make some decisions about your health record. But they won’t be able to make decisions about any records about treatment or counseling where we asked for your permission alone. We encourage you to share information with your family to have supports you need. And we also encourage you to ask your health care provider questions to find out more about privacy and your family.
We assume that when you come to have health care from us or receive it from us in an emergency, you have given us your permission (your consent) to use your information, unless you tell us otherwise. We may also collect, use and share your health information with other health care providers unless you tell us you do not want us to do so. This is sometimes done over shared electronic information systems.
You have the right to ask that we not share some or all of your health record with one or more of our team members or ask us not to share your health record with one or more of your external health care providers (such as a specialist). This is known as asking for a “lockbox”. If you would like to know more, please click here [https://www.muskoka.on.ca/en/district-government/Freedom-of-Information-and-Privacy.aspx] or ask us for a copy of our “Client Lockbox Information Brochure: How to Restrict Access to your Health Record”.
There are other cases where we are not allowed to assume we have your permission to share information. We may need permission to communicate with any family members or friends with whom you would like us to share information about your health (unless someone is your substitute decision-maker). For example, we will also need your permission to give your health information to an insurance company or a lawyer or your boss or a school. If you have questions, we can explain this to you.
When we require and ask for your permission, you may choose to say no. If you say yes, you may change your mind at any time. Once you say no, we will no longer share your information unless you say so. Your choice to say no may be subject to some limits.
But there are cases where we may collect, use or share your health information without your permission, as permitted or required by law. For example, we do not require your permission to use your information for billing, risk management or error management, quality improvement purposes. We also do not need your permission to share your health information to keep you or someone else safe (it’s called to eliminate or reduce a significant risk of serious bodily harm); or to meet reporting obligations under other laws such as for child protection or transportation safety (people driving).
For more information or complaints:
If you would like a copy of our Health Privacy Policy, please ask us for a copy.
Under the Personal Health Information Protection Act, 2004 c.3 (PHIPA), The District Municipality of Muskoka (District of Muskoka) delivers four (4) health programs that are separate health information custodians under PHIPA and each program has a Privacy Officer Contact:
The Pines Long-Term Care Home,
The Pines Administrator 705-645-4488 extension 4850
Muskoka Paramedic Services
Chief, Paramedic Services and Emergency Planning 705-645-2100 extension 4209
Health Link, Health System Care Coordination
Commissioner of Health Services 705-645-2100 extension 4670
Hope, Inspiration and Possibilities, Case Management Services
Commissioner of Health Services 705-645-2100 extension 4670
We encourage you to contact us with any questions or concerns you might have about our privacy practices. If, after contacting us, you feel that your concerns have not been addressed to your satisfaction, you have the right to complain to the Information and Privacy Commissioner of Ontario. The Commissioner can be reached at:
Information and Privacy Commissioner of Ontario
2 Bloor Street East, Suite 1400 Toronto, Ontario M4W 1A8
What kind of personal health information does The District Municipality of Muskoka collect?
To provide you with quality health care, we collect both personal and health information from you such as Name, date of birth, address, Health Card Number and extended health insurance numbers are examples of personal information. Patient’s health history, the records of their visits to the hospital and what health care we provide during those visits are examples of a patient’s health information.
If I call 9-1-1, is my health information ever shared with the mayor or municipal council members?
Your health information will not be shared with the mayor or municipal council members if you call 9-1-1. The Personal Health Information Protection Act, 2004 (PHIPA), states a physician can only disclose his or her patient’s personal health information:
when he or she has the patient’s or substitute decision-maker’s consent and it is necessary for a lawful purpose;
where it is permitted under legislation, without the patient’s or substitute decision-maker’s consent; or
where it is required by law.
Does The District Municipality of Muskoka share my health information between its programs?
The District Municipality of Muskoka will share your health information between its programs for purposes related to direct client care, administration and management of programs and services, client billing, administration and management of the health care system, research, teaching, statistical reporting, quality improvement, meeting legal obligations and as otherwise permitted or required by law.
Frequently Asked Questions (FAQs) for our Community Partners
Is the District of Muskoka a Health Information Custodian (HIC)
Yes, in fact, the District of Muskoka is considered a HIC for four (4) program service areas. Long-Term Care Services, Muskoka Paramedic Services, Health Link Services, and Hope, Inspiration and Possibilities, Care Management Services under the Health Services Department
What are the District of Muskoka privacy policies?
HS-001-2019 Health Privacy Policy – Health Services Department
HS-002-2019 Lockbox – Consent Directive Policy – Health Services Department
HS-003-2019 Access and Correction and Release of Client Information Policy – Health Services Department
HS-004-2019 Safeguards for client information – Health Services Department
Understanding Personal Health Information Protection Act 2004
The following video was designed and distributed by the Information and Privacy Commissioner (IPC) of Ontario. The video segments are designed to provide a guide for training and education of Personal Health Information Protection Act (PHIPA); vide segments depict real life health scenarios and how PHIPA applies to those scenarios.
The District Municipality of Muskoka is providing access to the video to pomote an understanding of PHIPA; additional information can be obtained from the IPC website www.ipc.on.ca
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