Privacy & Terms 

Policy

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K&I Healthcare Services upholds confidentiality to the highest degree and in order to maintain confidentiality, K&I Healthcare Services adopts the definition of and procedures of the American Counseling Association (ACA).  

In the course of delivering its services and programs, K&I Healthcare Services collects personal information from each client. Personal information means any information that could be used on its own, or with other information, to establish the identity of a client, the 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. 

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K&I Healthcare Services collects, uses and shares client's personal information for the following purposes: 

• Providing quality programs and services to each client. 

• Providing information to other people or organizations with consent of the client (for example, making a referral for service). 

• Reviewing each client's files to ensure high quality of service and documentation. 

K&I Healthcare Services may also collect, use and share personal information with consent or as permitted or required by law. 

K&I Healthcare Services 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. 

• Each client understands why their personal information is collected by K&I Healthcare Services. 

• K&I Healthcare Services obtains consent before collecting, using, sharing or releasing client's 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 the client's information is limited to K&I Healthcare Services' employees, volunteers and students involved in delivering services to the clients. 

• Any external agents to whom K&I Healthcare Services releases information must have a need to know and only use and disclose client's information for the purposes for which it was originally provided. 

• Clients can withdraw their consent at any time for the collection, use, and disclosure of their personal information. 

• Clients have access to their record, except where K&I Healthcare Services is entitled to refuse an access request, and may copy or correct their record and ask questions about K&I Healthcare Services' privacy policies and procedures. 

• Complaints about K&I Healthcare Services' privacy policies and procedures are handled efficiently and effectively. 

• All legal and regulatory requirements regarding client's information are met and maintained. 

 

The assigned Privacy Officer is Amanda Webb  Email: Awebb@kihealthcareservices.com 

 

 

Procedure:  

 

All staff that work for K&I Healthcare Services are expected to uphold the ACA code of ethics and confidentiality requirements outlined below: 

 

1. Obtaining, Withholding, Limiting and Withdrawing Consent 

 

A. As K&I Healthcare Services' programs often involve collaboration and consultation among employees, K&I Healthcare Services' employees will discuss the following with new clients: 

• The nature and extent of consultation and collaboration in K&I Healthcare Services' program or service which the new clients are accessing. 

• The personal information that K&I Healthcare Services may collect. 

• The purposes for which K&I Healthcare Services collects, uses and shares personal information, as listed above. 

 

B. The 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. 

 

C. Each client will be asked to use a form indicating that K&I Healthcare Services' privacy policies have been discussed and that he/she consents to the collection, use and sharing of personal information for the purposes listed in this policy. 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 practical to obtain the written acknowledgement (e.g., telephone only service), verbal acknowledgment that K&I Healthcare Services' privacy practices have been explained to and accepted by the client will be recorded in an activity note in the client's record. 

 

D. Consent will be given by the client.  All information gained must relate to the personal information of the client and not be obtained through deception or coercion. A consent to the collection, use or sharing of personal health information about an individual is only valid 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. 

 

E. In cases where the withholding, limiting or withdrawal of consent will limit or prevent K&I Healthcare Services from continuing to deliver services, employees will discuss with client's the consequences of their withholding, limiting or withdrawal of consent. 

In the event employees are concerned that a client does not have the capacity to consent to the collection, use and disclosure of his or her personal information, employees 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 

• Consult with their supervisor 

 

F. 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, staff will implement the following “lock-box” procedure.  

With electronic records: K&I Healthcare Services employee receiving the client's request to withhold, limit or withdraw their consent will: 

• 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 all staff through immediate confidential email and update a living document containing current consents and revocations.  

 Paper records: If the client's 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's stapled to the outside of the file. If the client's request is to withdraw consent, the file will be safeguarded by K&I Healthcare Services' Privacy Officer. If the client's request is to withhold or limit consent, the supervisor responsible for the program will determine how best to comply with the client's request. 

 

2. Higher Levels of Confidentiality (Use of Aliases) 

A. K&I Healthcare Services will serve clients periodically that require a higher level of confidentiality. For example: public figures; staff of K&I Healthcare Services funding sources; former staff, students and volunteers, who may not wish it to be known that they are accessing services through K&I Healthcare Services. 

B. In such situations, programs will provide client's an opportunity to select and use an alias. The alias will be used in the client's record and in the client's interactions with K&I Healthcare Services. 

C. A list of the aliases, clients’ real names and file numbers will be confidentially maintained by a designated person in each department with a copy to K&I Healthcare Services' Privacy Officer. 

D. 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 a client's records. The client must be informed of these limitations on confidentiality. 

E. The Human Resources Department will provide names of new staff members, volunteers and students to K&I Healthcare Services' Privacy Officer so that a check of the client's database can be completed. If the individual has received services from K&I Healthcare Services in the past, an alias will be assigned to the record in order to maintain the privacy of the new staff member, volunteer or student. 

 

3.Release of Information with Client's Consent 

A.  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 K&I Healthcare Services' 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. K&I Healthcare Services may disclose a client's personal information, provided that the disclosure, to the best of K&I Healthcare Services' knowledge, is for a lawful purpose. 

B. Reports from third parties contained in a client's record may not be released without the written consent of the third party. A client will be encouraged to pursue access to this information directly with the third party. 

C.  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. 

D.  In response to requests to release information to third parties, K&I Healthcare Services service providers will ensure that the client understands the purpose for which the information is being released and to whom the information is being released. K&I Healthcare Services service provider will also explain that K&I Healthcare Services cannot guarantee the confidentiality of the information once it has been released. 

 

4. Confidential Administrative Records 

•  K&I Healthcare Services will assign its Privacy Officer the responsibility of record keeping. This will include personnel records, sensitive and protected information, any legal information that pertains to the clients and/or K&I Healthcare Services, and K&I Healthcare Services' contracts, budgets, any billing information, and any and all records of donations and donors.  

•  The Privacy Officer will be responsible for keeping all records safe, secure, confidential, accurate and up to date. 

•  All confidential administrative hard copies will be stored in locked cabinets and any information stored electronically will be protected by password. Access to K&I Healthcare Services' electronic database and hard copies will be limited on a need-to-know basis for added security. 

 

5.  Safeguarding of Personal Information 

•  client's information stored electronically is protected by password. Access to K&I Healthcare Services' electronic database is limited on a need-to-know basis for added security. 

•  Client's information collected in hard copy form is stored in locked cabinets accessible only by the counselors or other organization employees, students and volunteers providing service to the client, and the relevant program managers. 

•  Access to a client's 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. 

•  K&I Healthcare Services' employees will never leave a client’s personal information, in paper or electronic form, unattended or exposed to anyone other than the client. 

•  K&I Healthcare Services will not send confidential personal information to a client by email without the client's prior consent. Personal information sent to a client or about a client  will employ secure email. (Note that secure email ensures messages are encrypted. K&I Healthcare Services' regular email program is not secure email.) 

•  Web-based counseling will use an encrypted website to protect a client's privacy and confidentiality. 

•  K&I Healthcare Services requires external agents, such as third-party auditors, to maintain the confidentiality of client's information and to refrain from using client's information for any purpose other than the purposes for which consent was provided by the client. Where appropriate and necessary, K&I Healthcare Services will obtain the consent of the client to disclose information to external agents. (External agents are persons or companies with which K&I Healthcare Services has contracts and that may come into contact with personal information.) 

•  When disposal is permitted or required, records containing client's personal information will be disposed of in a secure manner such that reconstruction of the records is not reasonably foreseeable in the circumstances. 

 

6.  Notice to clients for Theft, Loss, Unauthorized Access, Use or Disclosure of Personal Information 

Employees are required to report to their supervisor and to K&I Healthcare Services' Privacy Officer any theft, loss, unauthorized access, use or disclosure of personal information of K&I Healthcare Services' clients. In programs where funders require it, managers 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 an organization’s client, K&I Healthcare Services will notify the client as soon as possible. 

 

Oral contact with the clients will be logged in the client's record and will be followed up by a letter, which will be included in the client's record. 

 

In the case of former clients, contact will be made orally, if possible, and also in writing, at the last known address for the client recorded in K&I Healthcare Services' database. 

 

7. Client's Access to and Correction of Personal Information 

A. A client wishing to review their records should contact K&I Healthcare Services' service provider, relevant Director or Privacy Officer. 

B. 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 K&I Healthcare Services' premises, in the presence of K&I Healthcare Services' employee, unless K&I Healthcare Services is entitled to refuse the request, in which case written notice will be given. A client 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 K&I Healthcare Services' office due to health issues), a copy of the record may be sent to the individual with consent. 

C. K&I Healthcare Services is required to retain a client's 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 K&I Healthcare Services to maintain the record for longer than the typical client's record retention period. 

D. A client who wishes an explanation of their records may contact the service provider, the relevant program manager or K&I Healthcare Services' Privacy Officer. 

E. A client will not be permitted to access third party records without the consent of the third party. In such cases, K&I Healthcare Services service providers will direct the client to obtain the requested information directly from the third party. 

F. A person wishing to correct information in their file shall provide the correction in writing to K&I Healthcare Services. The written correction will be included in the client's record and, within three weeks of receipt, K&I Healthcare Services will notify the client of its response to the correction. 

 

8.  Appointment of Privacy Officer 

The Privacy Officer for K&I Healthcare Services is Amanda Webb 

The name and contact information for the Privacy Officer is available on K&I Healthcare Services' website, in the “Notice of Privacy Practices” statement. 

The duties of the Privacy Officer include: 

• Maintaining knowledge of privacy legislation and regulations 

• Ensuring that all employees and volunteers have training on the privacy policy 

• Monitoring employee compliance with K&I Healthcare Services' privacy policy 

• Responding to privacy-related complaints and concerns 

• Responding to requests for access and correction 

• Responding to inquiries from the public about K&I Healthcare Services' privacy practices 

• Liaising with other organizations, the public and government, as necessary, on privacy-related issues 

 

 9. Inquiries and Complaints 

•  Questions, comments or complaints about K&I Healthcare Services' 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 Corporate Compliance policy in responding to, resolving, and recording privacy-related complaints. 

•  If the client is not satisfied with the response provided by the Privacy Officer, the client may follow the grievance and complaint procedure outlined in “Client Rights  & Grievances” policy. 

 

Counselors and therapists recognize that trust is a cornerstone of the counseling-therapist relationship. Counselors and therapists aspire to earn the trust of clients by creating an ongoing partnership, establishing, and upholding appropriate boundaries, and maintaining confidentiality. Counselors and therapists communicate the parameters of confidentiality in a culturally competent manner. 

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10.    Disclosure without Consent Including Responding to Summons/Subpoenas/Court Orders and Requests from Police 

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 K&I Healthcare Services will not disclose the personal information of the client without their consent, except where: 

• It is believed the client's or someone else is in imminent danger of serious physical harm (see Duty to Warn policy) 

• A child under the age of 18 is at risk of or has been abused or neglected. 

• K&I Healthcare Services 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 a K&I Healthcare Services employee, student or volunteer is served with a warrant, summons, subpoena, order or similar requirement issued in a proceeding, the individual must immediately notify their supervisor, who will provide advice and direction as to how to respond. The Supervisor will ensure the owner is notified, and the owner will be able to acquire legal assistance when necessary. K&I’s employees, students or volunteers should follow the same procedure in response to requests by police officers for a client's information. 

 

In general, where an order, summons, warrant, subpoena or other requirement to produce documents has been served on K&I Healthcare Services, K&I Healthcare Services 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 K&I and deliver the documents to the court or other proceeding in a sealed envelope marked “private and confidential”. 

 

1.  Were K&I to disclose 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. 

 

11. Mobile Information and Text Messaging 

• No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. 

 

12. Opting Out of Marketing and Promotional Communications 

• You can unsubscribe at any time by replying “STOP” or “UNSUBSCRIBE” to the SMS messages that we send, or by contacting us using the contact form on our website. However, we may still communicate with you — for example, to send you service-related messages necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purpose