Definition of Policy Terms

Term Definition
External Organizations External Organizations include other federal, provincial and local government agencies, as well as private sector agencies and service providers outside of Manitoba Possible. For the purpose of this policy this term also includes named individuals as outlined on the consent form.
Informed Consent Informed Consent is the voluntary agreement to a course of action, based on a process of clear communication between the client and the service provider. Informed Consent is a legal requirement for the sharing of written and verbal information.
Person and Family-Centered Practices An approach to the planning, delivery and evaluation of service provision which places emphasis on the individuals’ and families’ right to lead the decision making process; and determine their goals and services.
Personal Health Information Personal Health Information refers to information that can be linked to a specific person, and that relates to: the person’s health or health care history or the provision of health care services. All information collected from an individual for provision of services is included under this term.
Substitute Decision Maker A Substitute Decision Maker is an individual appointed by the Vulnerable Persons’ Commissioner to make decisions for a vulnerable person who is unable to make certain decisions for themselves in the area of personal care or property or both.

Purpose
To establish the procedure for sharing of Personal Health Information between Manitoba Possible and External Organizations for confirming eligibility, assessment, consultation, provision of services, further referral and reporting purposes.

Policy

  1. Contractors, in accordance with Person and Family-centred Practices, will ensure that prior to sharing Personal Health Information they have confirmed they have a valid consent form or have received verbal consent from client, parent/ legal guardian or Substitute Decision Maker.
  2. Contractors are responsible to read the relevant legislation outlined below as it relates to their position.
  3. Manitoba Possible staff will contact contractors to review this policy and relevant legislation if questions should arise during the provision of services.

Procedures:

  1. Obtaining Consent for Sharing of Information
    1. A Consent for Exchange of Information form is signed by client, parent/ legal guardian for a child under the age of 18 or a legally appointed Substitute Decision Maker.
      1. Consent must relate to the purpose for which information is to be used or disclosed, be knowledgeable, voluntary and not obtained through misrepresentation.
      2. The consent form is required to be updated at a minimum of every five years.
      3. In circumstances where Manitoba Possible is receiving verbal consent to share information and a consent form cannot be signed at the time, the contractor will document verbal consent where individual client’s information is kept.
      4. An individual providing consent may provide consent subject to conditions.
  2. Withdrawal of Consent
    1. The client, parent/ legal guardian or Substitute Decision Maker may withdraw their consent at any time by submitting their request in writing.
  3. Disclosure without Consent
    1. Exceptional circumstances exist where information may be shared without Informed Consent as directed by the Child and Family Services Act, The Mental Health Act, The Protecting Children (Information Sharing) Act and The Vulnerable Persons Living with a Mental Disability Act. Additional information is included in the Reporting a Child in Need of Protection and Reporting Suspected Abuse or Neglect of an Adult policies.
  4. Programs Specific Guidelines
    1. Programs that require an alternative consent form must receive authorization from the program director and are responsible for indicating same in the program specific guidelines.